Supreme Court of Pennſylvania,
April Term, 1780.
Respublica verſus Powell.
This was an indictment againſt the Defendant, a baker employed by the army of the United States, for a cheat, in baking 219 barrells of bread, and marking them as weighing 88 lb. each, whereas they only ſeverally weighed 68 lb. The indictment being originally found at the City Court, in October Seſſions 1779, was removed by Certiorari into this Court.
And now Lewis, for the defendant, contended, that falſe tokens are only indictable by the St. of 33. Hen. 8. c. 1. which has no operation in Pennſylvania; and he cited 3 Burr. 1697. 1 Burn. 291. 2 Seſs. Ca. 2.
The Attorney General (Sergeant) inſiſted that the Defendant’s office was a public truſt ; and cited 2 Burr. 1125. 1 Hawk. 187.
The Court ſaid, that this was clearly an injury to the public, and the fraud the more eaſily to be perpetrated, ſince it was the cuſtom to take the barrels of bread at the marked weight without weighing them again. The public indeed, could not by common prudence prevent the fraud, as the Defendant was himſelf the officer of the public pro hac vice. They were therefore of opinion, that the offence was indictable.
James’s Claim.
The caſe was this: John Parrock was attained of High Treaſon, and his eſtate ſeized and advertiſed for ſale. Abel James filed a claim, according to the act of Aſſembly, paſſed the 6th day of March 1778, in order to obtain a decree eſtabliſhing his right, to what, he alledged, was a veſted remainder in him, after the expiration of an eſtate for life, which, he contended, was all that John Parrock was poſſeſſed of in the premiſſes, and he never had any iſſue.
