the same, irrespective of an intent to defraud, or to keep in possession or conceal any such obligation or security with intent to defraud, or with intent to pass, utter, sell or publish it. Under the statute punishing whoever has in his possession any obligation or other security made or executed after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same, no other intent is necessary except an intent to use or sell.8

Under some of the state statutes the possession must be with intent to utter or pass the counterfeit coin or bills, or to render them current as true,10 or to sell or otherwise dispose of them as counterfeit, to be rendered current or uttered or passed as true,11 and in all such cases the intent prescribed by the statute must be shown. Some

6 United States v. Provenzano, 171 Fed. 675.

7 The statute makes possession with knowledge of spurious character and an intent to defraud by passing or uttering the same a crime. United States v. Provenzano, 171 Fed. 675.

8 Leib v. Halligan, 236 Fed. 82; United States v. Fitzgerald, 91 Fed. 374; United States v. Kuhl, 85 Fed. 624; United States v. Stevens, 52 Fed. 120.

To sustain a conviction for having possession of a worthless state bank bill the defendant must know that the bill was worthless. United States v. Stevens, 52 Fed. 120.

9 Com. v. Stearns, 10 Metc. (51 Mass.) 256; Hopkins v. Com., 3 Metc. (44 Mass.) 460; Brown v. Com., 8 Mass. 59; People v. Stewart, 4 Mich. 655.

It is immaterial in what manner the intent was to be executed, whether by the hand of the accused or by an agency which he had set in motion, as by a confederate acting in concert with him.. Com. v. Davis, 11 Gray (77 Mass.) 4.

The intent may be to pass it in another state. Com. v. Price, 10 Gray (76 Mass.) 472, 71 Am. Dec. 668;

Com. v. Cone, 2 Mass. 132.

To sustain a conviction for having possession of foreign bank bills printed in blank under such a statute, the defendant must have intended to fill up the blanks and to pass them. The intent to fill up the blanks need not be proved by an attempt to do so, but may be sufficiently manifested by the circumstances of his possession alone. People v. Ah Sam, 41 Cal. 645.

10 Hopkins v. Com., 3 Metc. (44) Mass.) 460; Brown v. Com., 8 Mass. 59.

Proof that defendant sold counterfeit bills, knowing that they were counterfeit, and knowing that it was the purpose of the purchaser to utter, pass and render them current as true, and that he had possession of them with intent to sell them, and did sell them, to the purchaser to enable him to so dispose of them, and participated with him in carrying that criminal purpose into execution, warrants a conviction. Com. v. Davis, 11 Gray (77 Mass.) 4.

11 People v. Stewart, 5 Mich. 243; Hess v. State, 5 Ohio 5, 22 Am. Dec. 767.

of them also expressly require that the defendant have knowledge of the spurious character of the coin.12

§ 596. Uttering and passing. Uttering or passing counterfeit coins was a misdemeanor at common law.18 The federal statutes provide for the punishment of whoever shall utter, pass, publish or sell, or attempt to pass, utter, publish or sell, any forged or counterfeited coins or bars made in resemblance or similitude of gold or silver coins or bars coined or stamped at the mints or assay offices of the United States,14 or of any foreign gold or silver coin which by law may be current in, or is in actual use and circulation as money in, the United States,15 or of any of the minor coins of the United States,16 or any falsely made, forged, counterfeited or altered obligation or other security of the United States,17 or whoever shall utter or pass, or attempt to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for the use and purpose of current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design,18 or any coin, card, token or device in metal or its compounds, which may be intended to be used as money for any one-cent, two-cent, three-cent or five-cent piece, or for coins of equal value.19

The uttering or passing of counterfeit coins,20 bank bills, 21 or

12 Com. v. Stearns, 10 Metc. (51 Mass.) 256; bank notes, Hess v. State, 5 Ohio 5, 22 Am. Dec. 767.

131 East P. C. 178; 1 Hawk. P. C. 20; Fox v. Ohio, 5 How. (46 U. S.) 410, 12 L. Ed. 213; United States v. Field, 16 Fed. 778; United States v. Coppersmith, 4 Fed. 198.

14 Pen. Code, § 163; York v. United States, 241 Fed. 656; Tresca v. United States, 183 Fed. 736.

The silver dollar is within this provision. Linningen v. Morgan, 241 Fed. 645.

15 Pen. Code, § 163.

16 Pen. Code, § 163; Linningen v. Morgan, 241 Fed. 645.

17 Pen. Code, § 151; United States v. Provenzano, 171 Fed. 675.

18 Pen. Code, § 167; United States

v. Bogart, 9 Ben. 314, Fed. Cas. No. 14,617.

19 Pen. Code, § 168.

20 United States. Fox v. Ohio, 5 How. (46 U. S.) 410, 12 L. Ed. 213. Alabama. Nicholson v. State, 18 Ala. 529, 54 Am. Dec. 168.

Tennessee. Roberts V. State, 2 Head (39 Tenn.) 501.

Vermont. State v. Griffin, 18 Vt.

198.

Virginia. Kirk v. Com., 9 Leigh (36 Va.) 627.

21 Connecticut. State v. Smith, 5 Day 175, 5 Am. Dec. 132.

Iowa. State v. Newland, 7 Iowa 242, 71 Am. Dec. 444.

Massachusetts. Com. v. Simonds, 11 Gray (77 Mass.) 306; Com. v. Taylor, 5 Cush. (59 Mass.) 605; Com. v.

treasury notes, 22 is also made an offense by many of the state statutes. To come within the statutes the bill or coin passed or attempted to be passed must be a counterfeit one.23 An intent to defraud is an essential element of the offense of passing counterfeit coins,24 or counterfeit obligations or securities of the United States,25 in violation of the federal statutes, and is also made an essential element of the offense by some of the state statutes.26 And knowledge of the spurious character of the coin or obligation or security is necessary to show a fraudulent intent.27 It is immaterial that the consideration

in exchange for which the counterfeit was obtained was an unlawful one.28

The

§ 597. Issuing checks, etc., intended to circulate as money. federal statutes provide that no person shall make, issue, circulate or pay out any note, check, memorandum, token or other obligation for a less sum than one dollar, intended to circulate as money or in lieu of lawful money of the United States.29 The essential ingredients of the offense are that the token or obligation must be for a less sum than one dollar, and that it must be intended to circulate as money or in lieu of the money of the United States.30 This provision does not cover tokens or obligations good for, or obligating the person issuing it to pay, a certain amount in merchandise.81

§ 598. Making or having possession of plates, stones, dies, etc. The federal statutes make it an offense to make or have in possession, without authority, any die, hub or mold for the counterfeiting of the coins of the United States, 32 or of foreign coins.33 And they also provide for the punishment of whoever makes or has in his control, custody or possession, any plate, stone or other thing for the printing of any obligation or other security of the United States, with intent to use or suffer the same to be used in counterfeiting any such obligation or security; 34 or whoever has in his possession paper simi

States v. Hopkins, 26 Fed. 443; Pigman v. State, 14 Ohio 555, 45 Am. Dec. 558.

28 That it was given to a prostitute in payment for sexual intercourse is no defense. Reg. v. 1 Cox C. C. 250.

29 Pen. Code, § 178.

30 United States v. Van Auken, 96 U. S. 366, 24 L. Ed. 852.

31 As an obligation reading "The B. Co. will pay the bearer, on demand, fifty cents, in goods, at their store." United States v. Van Auken, 96 U. S. 366, 24 L. Ed. 852. Or a metal token bearing the words "Good for 50c in Merchandise" on one side, and the name of the firm issuing it on the other. United States v. Roussopulous, 95 Fed. 977; or bridge tickets which in no way resemble

Monongahela Bridge Co., Fed. Cas.
No. 15,796.

32 Pen. Code, § 169; Baender V. United States, 260 Fed. 832, certiorari denied 252 U. S. 586, 64 L. Ed. 729, 40 Sup. Ct. 396; Wroclawsky V. United States, 183 Fed. 312.

The words "die" and "mold" are used interchangeably in the statute. Cole v. United States, 269 Fed. 250. 33 Pen. Code, § 170.

34 Whoever makes any plate, stone or other thing for the printing of any obligation or other security of the United States, with any other intent than that the same shall be used for the printing of such obligations or securities, or whoever has in his control, custody or possession any plate, stone or other thing in any manner made after or in the similitude of any plate, stone or other thing from which any such obligation or other

lar to that adopted for printing the obligations and securities of the United States; 35 or whoever makes or has in his possession any plate, stone or other thing for the printing of counterfeit notes, bonds, obligations or other securities of any foreign government, bank or corporation.36 There are also similar statutes in some of the states.37

Plates are in the possession of a person to whom they are delivered by an engraver who has made them on his order, although the engraver has notified the police and they have directed him to make and deliver them for the purpose of apprehending the person for whom they are made.38

The statutes vary in their provisions as to intent. The federal statute punishing the making or having possession of any die, hub or mold for counterfeiting domestic coins does not require proof of any particular intent, and a criminal intent will be inferred from the unlawful possession.39 Under a state statute using the word "knowingly," guilty knowledge is essential.40

security has been printed, with intent to use or suffer the same to be used in forging or counterfeiting any such obligation or security. Pen. Code, $ 150.

35 Whoever shall have or retain in his control or possession, after a distinctive paper shall have been adopted by the secretary of the treasury for the obligations and securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the secretary of the treasury or some other proper officer of the United States." Pen. Code, § 150.

This provision covers the possession of paper which resembles the distinctive paper adopted by the secretary of the treasury and which is also of such a character as to be suitable for the imprint of government obligations, and also the unauthorized possession of the distinctive paper itself. But to warrant a conviction, the paper must be adapted to the making of government obligations or securities,

and it is not sufficient to show that it is adapted to making counterfeit obligations or securities. Krakowski v. United States, 161 Fed. 88.

36 Pen. Code, § 161; United States v. Arjona, 120 U. S. 479, 30 L. Ed. 728, 7 Sup. Ct. 628.

37 A statute making it an offense to have possession of any mold, pattern, die or instrument designed or adapted for coining includes possession of a mold for making one side of a coin. only. State v. Griffin, 18 Vt. 198. A statute punishing in general terms persons making or having possession of implements for counterfeiting bank notes or bills has been held to include implements for the counterfeiting of foreign bank notes or bills. People v. McDonnell, 80 Cal. 285, 22 Pac. 190, 13 Am. St. Rep. 159. 38 People v. McDonnell, 80 Cal. 285, 22 Pac. 190, 13 Am. St. Rep. 159.

39 Baender v. United States, 260 Fed. 832, certiorari denied 252 U. S. 586, 64 L. Ed. 729, 40 Sup. Ct. 396.

40 People v. McDonnell, 80 Cal. 285, 22 Pac. 190, 13 Am. St. Rep. 159.