Gallagher v. United States

ALDRICH, District Judge.

This is an indictment founded upon section 5-115 of the United States Revised Statutes [U. S. Comp. St. 1901, p. 5()()'3], which makes it an offense to counterfeit or imitate the circulating notes of banking associations. The indictment, as is usual where the offense charged is that of passing false or counterfeit notes, alleges that the note in question was passed knowing the same to be falsely made. Under the statute, knowledge is an essential *88element of the offense, and must be proved. The point was taken that there was no evidence tending to show that the defendant…