Harlan v. People
Michigan Supreme Court
Error to Berrien Circuit Court. This was an indictment against Harlan, for violating the provisions of sections 16 and 18 of ch. 5, tit. 1. pt. 4th, of the revised statutes of this state. The first count, which was framed under § 18 of the statute, charged the defendant with knowingly having in his possession a press and other instruments, adapted and designed for making counterfeit coin, to wit, Mexican dollars, with intent to use the same.
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Error to Berrien Circuit Court. This was an indictment against Harlan, for violating the provisions of sections 16 and 18 of ch. 5, tit. 1. pt. 4th, of the revised statutes of this state. The first count, which was framed under § 18 of the statute, charged the defendant with knowingly having in his possession a press and other instruments, adapted and designed for making counterfeit coin, to wit, Mexican dollars, with intent to use the same. The second count, framed under §16, charged him with uttering and passing certain counterfeit coin, to wit, Mexican dollars, knowing it to be…
1Opinion of the CourtFblch, J.
1. It is assigned for error, that the first count in the indictment does not aver that the plaintiff in error was not employed in the mint of the United States. It is assumed that persons so employed, may rightfully have in their possession, and use, the instruments mentioned in this count of the indictment; that it is their employment to use them in coining; and it is contended that, inasmuch as the indictment does not alledge that the defendant was not so employed, it does not appear that he has been guilty of a violation of the statute. The assumption upon which this objection rests is…
2Cases cited1 opinion
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