Tennessee Superior Court for Law and Equity, 1807

State v. Young and Laughlin

Tennessee Superior Court for Law and Equity · Decided March 6, 1807

1 Tenn. 229

Counsel

MILLER, for the defendant, insisted that Young could not be convicted for passing counterfeit money; it was a thing in its nature incapable of being done hut by one. Sed per curium, as to accessories there cannot be any in this offence, it is an offence of an inferior nature, it is such as not to admit of accessories before or after the fact. But if it were felony the defendant, being present, could not be an accessory; he must be a principal. In the principal case the defendant must be guilty as a principal or not at all.

Opinion of the Court

Continued upon affidavit as to Laughlin.

Indictment for passing counterfeit dollars. — The evidence showed that the defendants were travelling in company, that they had their horses shod; that the blacksmith called on Young for payment, who told him that Laughlin would pay him, as he had their money. Laughlin paid him: with a dollar, or perhaps two, which were counterfeit. Upon apprehending the defendants, near $100 of counterfeit money were found in Young's saddle-bags, with a vial of quicksilver, and another vial was found in Laughlin's possession. To constitute the offence, it is not necessary that the defendant should actually hand the counterfeit dollar to the blacksmith; if he approved, aided, or assisted the other defendant, being present, he must be as much guilty as Laughlin.

Verdict for the defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.