Legal Opinion

People v. White

California Supreme Court

Decided July 1, 1867PublishedCited by 25 opinions

Appeal from the County Court, Sonoma County. The defendant was indicted by the Grand Jury of Sonoma County of the crime of knowingly procuring and having in his possession instruments, etc., used in counterfeiting United States gold coin, etc.

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Appeal from the County Court, Sonoma County. The defendant was indicted by the Grand Jury of Sonoma County of the crime of knowingly procuring and having in his possession instruments, etc., used in counterfeiting United States gold coin, etc. The following is a copy of the charging part of the indictment, to wit: “ The said William White, on the fourteenth day of February, A. D. 1866, at the County of Sonoma, did knowingly procure and have in his possession a certain mould pattern, die, puncheon, tool instrument and apparatus, made of wood and iron, made use of in counterfeiting the gold and…

1Opinion of the Court

By the Court, Sanderson, J.:

The point made on behalf of the appellant, to the effect that the seventy-eighth section of the statute in relation to crimes and punishments, under which the indictment was found, is unconstitutional, because it is repugnant to the -Constitution of the United States (Art. I, Sec. 8, Subs. 5 and 6) and the laws of Congress made in pursuance thereof (2 U. S.Statutes at Large, 404 ; 4 Id. 121) has been expressly decided by the Supreme Court of the United States adversely to the views advanced by counsel. (Fox v. The State of Ohio, 5 How. 410; Moore v. Illinois, 14…

2Cases cited3 opinions

  1. Moore v. IllinoisSupreme Court of the United States · 1852
  2. Fox v. OhioSupreme Court of the United States · 1847
  3. People v. LeeCalifornia Supreme Court · 1860

3Cited by25 opinions

  1. In Re DixonCalifornia Supreme Court · 1953
  2. People v. ButlerIdaho Supreme Court · 1869
  3. People v. MalleyCalifornia Court of Appeal · 1920
  4. People v. SheldonCalifornia Supreme Court · 1886
  5. State v. WilliamsonUtah Supreme Court · 1900

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