State v. O'Neil
Tennessee Supreme Court
The defendant in this case was indicted in the county of Hamilton for passing counterfeit money* was tried, and convicted upon a count in the indictment which stated that the defendants “fraudulently, feloniously, &c., passed counterfeit money to one---” hut which omitted to state .that the defendants thereby intended to defraud the said - -. On the return of their verdict by the jury the counsel for defendants moved the Circuit Court to arrest the judgment, on the ground of…
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The defendant in this case was indicted in the county of Hamilton for passing counterfeit money* was tried, and convicted upon a count in the indictment which stated that the defendants “fraudulently, feloniously, &c., passed counterfeit money to one---” hut which omitted to state .that the defendants thereby intended to defraud the said - -. On the return of their verdict by the jury the counsel for defendants moved the Circuit Court to arrest the judgment, on the ground of the above omission. The circuit judge accordingly arrested the judgment, where-, upon the Attorney General of the…
1Opinion of the Court
In this case there was no argument, 'and no written opinion, the Court deciding, that the circuit judge did right in arresting the judgment; that the indictment should have charged that the passing, &c., was with- the intention to defraud the person to whom it was passed.(1)
The action of the Circuit Court was therefore affirmed ; *63but the defendants, on motion of the Attorney General, were sent back to be proceeded against at the option of the Attorney General of the Circuit Court from whence the cause came.
Judgment affirmed.
An indictment for fraudulent possessionof countifeit notes under…
2Cited by14 opinions
- In re FlanaganNew York Surrogate's Court · 1929
- Buddin v. Nationwide Mutual InsuranceSupreme Court of South Carolina · 1967
- Girard Trust Co. v. CheesemanNew Jersey Court of Chancery · 1921
- Harris v. IngallsSupreme Court of New Hampshire · 1907
- Sanderson v. Sanderson's AdministratorsSupreme Court of Florida · 1883
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