2 Mass. 128 | Mass. | 1806
was very clear that the construction made by the defendant’s counsel was not to be avoided. If no criminal intent is alleged and proved, there can be no judgment rendered under the statute.
after stating the charge in the indictment, and
noticing that the defendant was convicted on very satisfactory evidence, proceeded as follows: —
I observe, in the first place, that none of the statutes of jeofails extend to indictments ; and therefore a defective indictment is not cured by a verdict,
* It is a general rule in indictments upon statutes, that, [ * 131 ] unless the statute be recited, neither the words contra formam statuti, nor any intendment or conclusion, will make good an indictment which does not bring the fact prohibited or commanded, in the doing or not doing whereof the offence consists, within all the material words of the statute.
The offence which was intended to be charged against the defendant is described, in the fifth section of the statute, in these words: “ or shall have in his possession any such plate or plates, engraven in any part, or any paper, &c., devised, adapted, and designed, as aforesaid, (that is,"for the purpose of counterfeiting,) with intent to use and employ the same in forging, &fC.” Now, if the intent to use and employ the paper mentioned, for the purpose ex pressed, be a material part of the description of the offence, and if that intent be not substantially alleged by the words of the indict
I am in opinion with my brethren. The words “ devised, adapted, and designed,” relate to the form or the nature of the materials. They have no reference to the person having them in his possession, or to his intention. This indictment 'being on the latter clause of this fifth section, and the intent necessary to constitute the offence not being alleged, we can give no judgment against the defendant,
Judgment arrested
Brown vs. The Commonwealth, 8 Mass. Rep. 59.
2 H H. P. C. 193.
2 Hawk. P. C. c. 25, § 110, and authorities there cited.-Dy. 363, pl. 25.-2 H. H. P. C. 192.—1 Leach, C. L. 12, 82, 121.