State v. Atkins

This was a prosecution for passing counterfeit bank-bills as true, knowing them to be false. The indictment contains three counts. In two of thena the false bill is alleged to be “ of the following purport and effect, to wit,” &c.; and in the other, to be “ of the following purport, to wit,” &c. Plea, not guilty, jury trial, and verdict of conviction; judgment arrested by the Court and the prisoner discharged.

We concur in the decision of the Circuit Court arresting the judgment. In cases of forgery, or of knowingly uttering counterfeited instruments of writing, the indictment must profess to…