but only such portions need be set forth as would make it valid if genuine. Hampton v. State, 8 Ind. 336. An indictment for passing a counterfeit bank-note need not allege that the person receiving the same did not know it was counterfeit. Wilkinson v. State, 10 Ind. 372. It is not necessary to allege that bank-notes of which the counterfeits are made to resemble are current in this state, and if the allegation is made it need not be proven. Porter v. State, 17 Ind. 415. 2357. (2209.) Uttering counterfeit coin.-293. Whoever, with intent to defraud any person, gives, barters, sells, or puts away forged or counterfeit gold or silver coin which shall be at the time current in this state, or any bank-note or any draft or certificate of deposit drawn on or by any bank of any state, knowing the same to be forged or counterfeit, shall be imprisoned in the state prison not more than fourteen years nor less than two years, and fined not more than one thousand dollars nor less than ten dollars. The uttering and passing of counterfeit notes or coin at the same time, constitutes but one offense, and may be charged as such. McGregor v. State, 16 Ind. 9. It is no defense that the counterfeit money was passed on Sunday. Harman v. State, 11 Ind. 311. 2358. (2210.) Uttering counterfeit coin to circulate.-294. Whoever gives, barters, sells, utters, publishes or puts away any forged or counterfeit gold or silver coin which shall be at the time current or in circulation in this state, or any false, forged or counterfeit bank note, bill or draft or certificate of deposit drawn on or by any bank of any state, with intent to have the same put in circulation, knowing the same to be forged or counterfeit, shall be imprisoned in the state prison not more than fourteen years nor less than two years, and fined not more than one thousand dollars nor less than ten dollars. It may be shown that about the time the defendant uttered and published the note or coin as charged, he uttered or published other counterfeit notes or coin. McCartney v. State, 3 Ind. 353; Bersch v. State, 13 Ind. 434. The state has authority to make the passing of counterfeit coins of the United States a criminal offense. Dashing v. State, 78 Ind. 357. 2359. (2211.) Having counterfeit coin.-295. Whoever has in his possession any forged or counterfeit gold or silver coin which shall be at the time current or in circulation in this state, or any false, forged, or counterfeit bank-note or bill, with intent to put or have the same put in circulation, and knowing the same to be forged or counterfeit, shall be imprisoned in the state prison not more than fourteen years nor less than two years, and fined not more than one thousand dollars nor less than ten dollars. It need not be alleged that the defendant intended to put the counterfeit notes or coin in circulation in the county where the indictment was found. Spence v. State, 8 Blkf. 281. As to what description should be given of the notes or coin in possession of the defendant, see Jones v. State, 11 Ind. 357; Armitage v. State, 13 Ind. 441. 2360. (2212.) Having counterfeiting apparatus.-296. Whoever knowingly retains in his possession any die, plate or other apparatus made use of in forging or counterfeiting any gold or silver coin which is or may be current or in circulation within this state, or in forging or counterfeiting bank-notes or treasury-notes, shall upon conviction thereof, be imprisoned in the state prison not more than five years nor less than two years, and fined not more than one thousand dollars nor less than ten dollars. The indictment must in some manner describe the apparatus, and allege that it was knowingly retained. Chamberlain v. State, 8 Blkf. 573. It must be proven that the defendant knowingly retained in his possession the apparatus named in the indictment. Peoples v. State, 6 Blkf. 95. The state has power to make it a criminal offense to have, or retain in possession, an apparatus for counterfeiting the coins of the United States. Snoddy v. Howard, 51 Ind. 411. 2361. (2213.) Counterfeiting labels.-297. Whoever knowingly or willfully forges or counterfeits, or causes or procures to be forged or counterfeited, any representation, likeness, similitude, copy, or imitation of the private stamp, wrapper, or label usually affixed by any mechanic or manufacturer on or in the sale of any goods, wares, or merchandise, with intent to deceive or defraud the purchaser or manufacturer of any goods, wares, or merchandise whatsoever, upon conviction thereof, shall be imprisoned in the county jail not more than six months nor less than ten days, or fined not more than one hundred dollars nor less than ten dollars. 2362. (2214.) Having dies to counterfeit labels.-298. Whoever has in his possession any die, plate, engraving, or printed label, stamp, or wrapper, or any representation, likeness, similitude, copy, or imitation of the private stamp, wrapper, or label usually affixed by any mechanic or manufacturer to, and used by such mechanic or manufacturer on or in the sale of any goods, wares, or merchandise, with intent to use or sell the said die, plate, engraving, or printed stamp, label, or wrapper, for the purpose of aiding or assisting, in any way whatever, in vending any goods, wares, or merchandise in imitation of or intended to resemble and be sold for the goods, wares, and merchandise of such mechanic or manufacturer, shall, upon conviction thereof, be imprisoned in the county jail not more than six months nor less than ten days, or fined not more than one hundred dollars nor less than ten dollars. 2363. (2215.) Selling goods with counterfeit labels.-299. Whoever vends any goods, wares, or merchandise, having thereon any forged or counterfeited stamp or label, imitating, resembling, or purporting to be the stamp or label of any mechanic or manufacturer, knowing the same to be forged or counterfeited and resembling or purporting to be an imitation of the stamp or label of such mechanic or manufacturer, without disclosing the fact to the purchaser, shall, upon conviction thereof, be imprisoned in the county jail not more than six months nor less than ten days, or fined not more than one hundred dollars nor less than ten dollars. See Trade Mark, volume 3, Acts 1891, p. 317. 2364. (2216.) Repeal.-300. All laws in conflict with this act are hereby repealed; but this repeal shall not affect any prosecutions pending or offenses heretofore committed under existing laws; and such prosecutions and offenses shall be continued and prosecuted to a final determination, as if this act had not passed. This section reserves the right to prosecute persons committing crimes before the criminal code of 1881 took effect, although the prosecutions were not commenced until after the taking effect of such code. Sanders v. State, 77 Ind. 227. Criminal actions pending when the criminal code of 1881 took effect were not abated, but the procedure after that time was governed by such code. McCalment v. State, 77 Ind. 250. Grand jurors having the qualifications required by the code of 1881, may return indictments for crimes committed before the taking effect of such code. Powers v. State, 87 Ind. 144. A LIST OF CRIMES DEFINED BY STATUTES RELATING TO CIVIL RIGHTS AND REMEDIES, AND WHICH COULD NOT BE SEPARATED THEREFROM. AGRICULTURE: Entering horses at fairs under assumed names.. ANIMALS: Supervisor failing to take up estray animals.......... Owner of dam preventing sire from obtaining lien on “get”. Harboring sheep-killing dogs....... Injuring, killing or stealing dog....... False statement as to sheep killed by dogs..... Harboring unregistered dog.......... Failing to burn or bury hogs dying of cholera.. Keeping or selling diseased animals.......... Hindering examination of diseased animals.......... BANKS: CORPORATIONS: Agent of foreign acting without authority...... SEC. 3459 3700 Interfering with boards of public works in cities............ 3726 Firemen and policemen engaging in political work..............3713, 3728, 3876, 4008 City officers issuing warrants on treasury contrary to law.............3823-3956, 4111 County treasurer or assessor receiving pay from cities when not authorized.. 3883, Plats of lands or additions to cities or towns, and recording-Violating statute.......... 4014 .4236-4237 Riding or driving on sidewalks of town..................... ..4398, 4399 3558 4480 Allowing stock to run on inclosed lands of fence association........... 4557 Directors of gravel road companies failing to perform duties...... Railroad companies failing to keep flagmen at highway crossings when required............. 5175 Railroad companies failing to provide waiting rooms at stations when required............ 5189 Agents of railroad companies failing to obey order of court in reference to payment for animals killed........ 5319 COUNTIES: Officers failing to perform duties relating to change of county boundaries..... 5554 DENTISTRY: Violating act providing for obtaining license to practice dentistry. 5604 DISSECTION: Offering or receiving pay for body for dissection......... 5612 Delivering body for dissection contrary to law.......... 5613 Custodian of record of medical school as to dead bodies failing to produce record..... Officers failing to perform duties required by drainage law......................5641, 5703 EDUCATION: Auditor of county failing to enforce payment of school fund loans............. Failure of officers to account for books or moneys under the school-book law....... Failure of persons to perform duties required by the school-book law......... Insulting school teachers.......... Electors making false declaration as to inability to read, and poll-clerks deceiving electors........ 6244 Officers of election receiving ballot not endorsed by poll-clerks, or which has distinguishing mark 6245 Removing ballots from election room.... 6246 False making or destroying papers, etc., and conspiring to do unlawful acts. 6249 Opening ballot packages or destroying ballots unlawfully.............. 6250 Attempting to enter election room or remaining too close to the polls........... 6251 Inducing elector to put mark on ballot.. 6252 Making false statements required by act, or suppressing the truth....................................... 6366 6367 Fraudulent acts on part of officers...... 6368 Violation of statute relative to enumeration of colored persons..... ....6370, 6373 Secretary failing to enforce, and persons failing to obey regulations of board of health...... 6719 Selling empty branded barrels without removing or defacing brand.............. 7002 |