The Encyclopaedia of Pleading And Practice : Under the Codes And Practice Acts, At Common Law, in Equity And in Criminal Cases

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The Encyclopaedia of Pleading And Practice : Under the Codes And Practice Acts, At Common Law, in Equity And in Criminal Cases
William Mark Mckinney
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An indictment for knowingly utter- ing counterfeit coin twice on the same da}', charged an uttering of a counter- feit half-crown, and that the defend- ants on the same day, " one other piece of false and counterfeit [omitting the word* coin'], resembling, and appar- ently intended to resemble and pass for, a piece of the queen's current sil- ver coin, called a half crown, unlaw- fully," etq., ** did utter and put off to one S. A., the wife of W. G., knowing Volume V.
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...Counterfeit Coin. CO UNTERFEITING. The Indiotment GeneraUy.
SiMUitBie. — The English indictment contains an allegation that the coins so passed were made and counterfeited to the likeness and similitude of a piece of good, lawful, and current money.^ And such is the usual form of allegation under our statutes. But when not so required by the terms of the same, such allegation is unnecessary.* Cozrea^ of Oain. — So an allegation that the coins were current, as used in the English form, may be omitted where it is not required by statu te.' the same to be false and counterfeit" It was held that the omission of the word ** coin " did not render the indict- ment bad, as the words ** false and counterfeit " might be rejected as sur- plusage, and the indictment would then be, '* one other piece resembling, and apparently intended to resemble and pass for, a piece of the queen's current silver coin, called a half crown." Reg.


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