Page:Federal Reporter, 1st Series, Volume 9.djvu/911

89t> FBDERAIi BKPOBTEB. �United States v. subgbss.* �{District Uourt, E. B. Missouri. January 30, 1882.) �1. CoNSTiTUTioNAL Law— Inpamous Cp.imes— Conspiract to Makb Cotjnterpbit CotN — Pbacticb — Inpormatiok. �A conspiracy to make counterfeit coin is not an infamous crime, within the meaning of article 5 of the amendments to the United States constitution, and may be prosecuted by information. �Motion in Arrest of Judgment. �Drummond e Smith, for the United States, �Paul Bakewell and E. M. Stewart, for defendant. �Tbeat, D. J. An information was filed against the defendant for conspiracy to make counterfeit coin, whereupon a trial was had, and conviction followed. Many of the points considered in the case of Wynn, ante, 886, are involved in the question now presented. So far as the views of the court are stated in that case, they need not now be repeated. �Under the common law a conspiracy was not intamous tmless it was for the subversion of justice, by the obstruction of its adminis- tration through perjury, subornation of perjury, spiriting away of witnesees, etc. Hence, if a like oiienee is by congressional enact- ment denounced a crime, without attendant consequences involving infamy, the same can be prosecuted by information. �If the common-law rule were to obtain, the crime chargea would not be infamous, inasmuch as the alleged conspiracy, under section 5440, Eev. St., is not to subvert or obstruct the administration of justice through its administration in the courts. �It has been forcibly urged that a conspiracy to commit a felony whieh, if committed, would fall within the rule of crimenfalsi, should, under the statute (6440) as to overt acts, be held to come within that rule. By what has been said in the case of Wynn, no such rule would prevail. If congress denounces a speciiied offence a felony it is so; not because like offenees were such under the English law, but because congress chose so to make it. In this case, to commit which offence the conspiracy is charged, strange to say, the acts of congress have been frequently changed. In England there was, for technical reasons, a marked distinction between false eoining and passing false coins. In the early statutes of the United States, counterfeiting coin was declared to be a felony, but in the re-enactment of these statutes �*Reported by B. F. Rex, Esq., of the St. Louis bar. ��� �