Respublica v. Powell

*APRIL TERM, 1780. Respublica v. Powell. Cheating by false tokens. It íb an indictable offence in a public officer, to impose false marks on stores provided for the army of the United States, whereby the public is injured. This was an indictment against the defendant, a baker employed by the army of the United States, for a cheat, in baking 219 barrels of bread, and marking them as weighing 88 lbs. each, whereas, they only severally weighed 68 lbs. 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 stat. of 33 Hen. VIII., c. 1, which has no operation in Pennsylvania; and he cited 3 Burr. 1697; 1 Burn. 291; 2 Sess. Cas. 2. The Attorney- General (Sergeant) insisted that the defendant’s office was a public trust; and cited 2 Burr. 1125; 1 Hawk. 187. [MAJORITY — The Court] 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. Tho public, indeed, could not, by common prudence, prevent the fraud, as the defendant was himself the officer of the public pro hdc vice. They were, therefore, of the opinion, that the offence was indictable, . See the note to Respublica v. Sweers, ante, p. 45.