Legal Opinion

State v. Wilkins

Supreme Court of Vermont

Decided January 15, 1845PublishedCited by 7 opinions

Indictment in four counts, the first and third of which were for uttering, passing and giving in payment counterfeit bank bills, and .the second and fourth for having in possession such bank bills with intent to pass them.

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Indictment in four counts, the first and third of which were for uttering, passing and giving in payment counterfeit bank bills, and .the second and fourth for having in possession such bank bills with intent to pass them. The first count alleged that the respondent “ wittingly, deceit- ‘ fully and unlawfully did utter, pass and give in payment to one ‘Elisha W. Fairbanks, of Mendon in the State of Vermont, one ‘ certain false, forged and counterfeited bank note, which said note ‘ was made in imitation of, and did then and there purport to be, a ‘ bank note for the sum of five dollars, issued…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The county court, upon a demurrer to this- indictment, held it sufficient; and the case comes before this court upon exceptions to such decision.

The demurrant insists, that the indictment is bad for sundry reasons. It is said, that there is no allegation in it of the existence of thebank. If this was so, the objection would have been well taken. The allegation is, that the respondent did pass, &c., one *155certain false, forged and counterfeit banlc note, which said note was made in imitation of, and did purport to be, a banlc note, issued by…

2Cases cited2 opinions

  1. Brown v. CommonwealthMassachusetts Supreme Judicial Court · 1811
  2. State v. RandallSupreme Court of Vermont · 1827

3Cited by7 opinions

  1. State v. WheelerSupreme Court of Vermont · 1862
  2. State v. BrownSupreme Court of Vermont · 1864
  3. State v. GravesSupreme Court of Vermont · 1981
  4. United States v. NelsonDistrict Court, W.D. Michigan · 1867
  5. State v. WaiteSupreme Court of Vermont · 1933

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