Having in possession, etc.

possession of the accused, in order to show his knowledge of the "counterfeit character" of the notes, his "control and use" of the same, or his "criminal intent as to their use." (Bluff v. State, 10 Ohio St. 547.)

Intent to defraud; not necessary to aver sale of counterfeit coin was made with that intent. It is not necessary, in an indictment under the act of April 12, 1858, "to prevent the selling and bartering of counterfeit coin," etc. (S. & C. 425), to aver that the sale was made with an intent to defraud. (Leonard v. State, 29 Ohio St. 408.)

Passing counterfeit notes; proof of other acts competent.-On the trial of a person charged with uttering and publishing as true and genuine a counterfeit bank-note, in violation of the act of 1825 (1 Curwen, 189, sec. 22), it is competent, for the purpose of showing the guilty knowledge of the accused, to prove that he or his associate in the crime, in his presence, about the same time passed other counterfeit notes of a similar character. But it is necessary to produce such notes on the trial if within the jurisdiction of the court and reach of the prosecutor. (Reed v. State, 15 Ohio, 217.)

Possession for purpose of bartering, etc.; construction of section as to such offense.-The criminality of the act, made punishable by section 29 of the act for the punishment of crimes (S. & C. 413), does not comprehend an intention to defraud or deceive any par ticular person. It consists in dealing in counterfeit bank paper as such; the section of the law mentioned being more peculiarly applicable to the wholesale dealer who furnishes the spurious supply to the retailers, who put it into circulation as genuine. Neither under section 32 (S. & C. 415), making it punishable to attempt to pass a counterfeit bank-note, nor under section 29, does the law provide punishment for having possession of the spurious instrument for the purpose of passing it as genuine, being a mere intention or purpose to commit a crime, without any act or movement toward it. Under section 29 the crime consists, not in the intention or purpose to perpetrate a fraud, but in the criminal act of being engaged in dealing in counterfeit paper as such, or having the possession of the spurious paper for sale, which places the means in the reach of others to procure it, and put it into circulation as genuine. (Bevington v. State, 2 Ohio St. 160.)

Possession of other notes; rule as to.-The extent of the rule, in such case, is to admit in evidence, for the above purpose, the fact of possession by the accused of other counterfeits similar in kind

Having in possession, etc.

to those mentioned in the indictment. (Bluff v. State, 10 Ohio St. 547.)

Possession of other notes by wife; evidence.-The defendant was charged with having in his possession for sale and with selling certain counterfeit bank notes. On the trial, the prosecutor, to prove the guilty knowledge of the accused, offered testimony to show that three days after the arrest of the prisoner, and while he was in jail, other counterfeit bank notes were found secreted near his dwelling-house, in a dwelling which he had formerly occupied. The prosecutor also offered to prove by a witness, for the same purpose, that on the evening after the defendant was arrested the witness took from the hands of the defendant's wife, at the defendant's dwelling, and while he was in jail, a purse containing sixty dollars in counterfeit bank notes. And it was held, that this evidence was properly admitted. (Hess v. State, 5 Ohio, 5.)

Possession by particeps criminis after arrest of defendant; when ev. idence.-Proof tending to connect another party with the defendant as a particeps criminis, will not justify the introduction in evidence of counterfeit bills found upon such other party fifty days after the sale charged, though such bills be of the same manufacture with those proved to have been sold by the defendant t; there being no evidence of any intercourse or association between the defendant and such other party during the intervening time. (Griffin v. State, 14 Ohio St. 55.)

Possession with intent to dispose of, for benefit of another; within section.-S. was indicted under the act of 1835 (1 Curwen, 193, sec. 31), for having in his possession counterfeit notes for the purpose of selling the same. On the trial, the court charged the jury, in substance, that if they found that the forged notes were in the possession of S. and kept by him with the formed design and guilty purpose to dispose of them for the benefit of another, he might be. convicted; but not if he was a mere bailee: Held, That the charge was correct. If S. had possession of counterfeit notes for such purpose, the crime was that defined in section 29, and did not fall within the provisions of section 36 of the same act, for aiding, abetting, and procuring another to commit a crime. (Sasser v. State, 13 Ohio, 453.)

Sale of counterfeit coin induced by fraud on purchaser; seller guilty. A person who knowingly sells counterfeit coin is guilty, under the act of April 12, 1858, "to prevent the selling and barter

Having in possession, etc.

ing of counterfeit coin," etc., although he may, by fraud, have induced the purchaser to buy in the belief that the coin was genuine. (Leonard v. State, 29 Ohio St. 408.)

Sale of counterfeit notes; indictment need not charge that sale was for consideration.—An indictment for having counterfeit bank notes in possession, and for making sale of them, need not charge that the sale was for a consideration. (Hess v. State, 5 Ohio 5.)

Selling counterfeit notes, charge of; proof of uttering and publishing as true and genuine will not sustain charge.-Proof of uttering and publishing counterfeit bank notes, as true and genuine, will not sustain an indictment under section 29 (S. & C. 413), of the statute for selling and bartering such notes. (Vanvalkenberg v State, 11 Ohio, 404.)

FORMS OF CHARGES.

SELLING OR BARTERING COUNTERFEIT COIN.

Willfully did sell, barter, and dispose of to one C. D., certain false, forged, and counterfeit coins, to wit: twenty pieces thereof, each one of which said pieces was then and there made in the likeness and similitude of the good and legal silver coins of the United States, called half-dollars [or other coin, naming it], then currently passing in this state as and for money; he, the said E. F., then well knowing the said false, forged, and counterfeit coins to be false, forged, and counterfeit.

HAVING IN POSSESSION COUNTERFEIT COIN FOR THE PURPOSE OF BARTER AND SALE.

Willfully did have in his possession certain false, forged, and counterfeit coins, to wit: forty pieces thereof, for the purpose of selling, bartering, and disposing of the same, each one of which. said pieces was then and there made in the likeness and similitude of the good and legal gold coins of the United States, called dollars [or other coin, naming it]; and the said E. F. was then and there detected with said false, forged, and counterfeit coins unlawfully in his possession for the purpose aforesaid; he, the said E. F., then well knowing the said false, forged, and counterfeit coins to be false, forged, and counterfeit.

Having in possession, etc.

1

HAVING IN POSSESSION

COUNTERFEIT COIN FOR THE PURPOSE OF

UTTERING AND PUBLISHING AS GENUINE.

Willfully and unlawfully did have in his possession a certain false, forged, base, and counterfeit coin, for the purpose of uttering and publishing the same as true and genuine; which said false, forged, base, and counterfeit coin was then and there made in the likeness and similitude of the good and legal gold coins of the United States, commonly called half-eagles [or other coin], then currently passing in this state as and for money; and the said E. F. was then and there detected with unlawfully having such false, forged, base, and counterfeit coin in his possession for the purposes aforesaid; he, the said E. F., then and there well knowing the said false, forged, base, and counterfeit coin to be false, forged, base, and counterfeit.

HAVING IN POSSESSION COUNTERFEIT BANK NOTES FOR THE PURPOSE OF BARTERING AND SELLING.

Did unlawfully have in their possession, and then and there were detected with so having in their possession, divers, to wit: five hundred false, forged, counterfeited, and spurious bank notes, then and there made as and for true and genuine bank notes of the denomination of five dollars, one of which said false, forged, counterfeited, and spurious bank notes then and there was of the purport and effect following, to wit: [set out a copy of the bank note]; which said false, forged, counterfeited and spurious bank notes, he, the said E. F., then and there well knew to be false, forged, counterfeited, and spurious; and which said false, forged, counterfeited, and spurious bank notes, he, the said E. F., then and there had in his possession for the purpose then and there of selling, bartering, and disposing of the same.

HAVING IN POSSESSION COUNTERFEIT BANK NOTES, NOT FILLED UP, FOR THE PURPOSE OF BARTERING AND SELLING.

Did unlawfully have in their possession, and then and there were detected with so having in their possession, divers, to wit: five hundred false, forged, counterfeited, and spurious bank notes, the same then and there being made as and for true and genuine bank notes of the denomination each of five dollars, the said false, forged, counterfeited and spurious bank notes, then and there not

Attempting to pass counterfeit coin, etc.

being filled up, and the signatures thereto then and there not being forged or affixed, one of which said false, forged, counterfeited, and spurious bank notes then and there were of the purport and effect following, to wit: [set out a copy of the bank note].

He, the said E. F., then and there having the said false, forged, counterfeited, and spurious bank notes in his possession by single bill, and then and there having the same in his possession for the purpose then and there of selling, bartering, and disposing of the same, and then and there well knowing the same to be false, forged, counterfeited, and spurious.

HAVING IN POSSESSION COUNTERFEIT BANK NOTES FOR THE PURPOSE OF UTTERING AND PUBLISHING THE SAME AS TRUE AND GENUINE.

Willfully and fraudulently did have in his possession, and was detected with Unlawfully having in his possession, for the purpose of uttering and publishing the same as true and genuine, a certain false, forged, and counterfeited bank note, which said false, forged, and counterfeited bank note is of the purport and value following, to wit: [copy the note].

He, the said E. F., then and there, at the time he so, as aforesaid, was detected with having in his possession said false, forged, and counterfeited bank note, well knowing the same to be false, forged,

and counterfeited.

SEC. 31. Attempting to pass counterfeit coin or bank notes. Whoever attempts to pass any base or counterfeit coin, knowing it to be such, or any false, forged, or counterfeit bank note, knowing it to be such, shall be imprisoned in the penitentiary not more than five years nor less than one year. (S. & C. 415.)

Intention to pass not sufficient; must be an attempt.-This section does not provide punishment for a mere intention or purpose to commit a crime, without any act or movement toward it. ton v. State, 2 Ohio St. 160.)

FORM OF CHARGE.

ATTEMPTING TO PASS A COUNTERFEIT BANK NOTE.

(Beving

Did unlawfully attempt to pass to one M. N., with intent then and there to defraud the said M. N., a certain false, forged, and