People v. McDonnell

Citations

• 80 Cal. 285
• 22 P. 190
• 1889 Cal. LEXIS 905

Syllabus

<p>Criminal Law—Counterfeiting—Foreign Bank Notes. — The counterfeiting of notes of the Bank of England is punishable under section 480 of the Penal Code of this state. The words “bank notes and bills ” in that section include all bank notes and bills, both foreign and domestic, whether current in this state or otherwise.</p> <p>Id.—Information — Incorporation of Foreign Bank. — In an information for counterfeiting notes of the Bank of England, it is not necessary to allege the incorporation of the Bank of England, the fact of its incorporation being not an element of the crime. The description is satisfied as matter of identity by proof that the company is known as a corporate company and is acting as such, and as such issues bank notes or bills which come within the statute.</p> <p>Id.—Jurisdiction of State and Federal Courts—Police Power of State. — The fact that the counterfeiting of notes of a foreign government is made an offense by act of Congress, of which the federal courts have jurisdiction, does not prevent a state from punishing the same offense when committed within its limits, or oust the state courts of jurisdiction of the offense against the authority of the state. The police power of the states belongs to them by virtue of their general sovereignty, and has never been ceded to the United States.</p> <p>Id. — Instruction — Possession of Counterfeiting Implements. — An instruction as to what constitutes guilty possession of counterfeiting implements, given in the language of this court in the case of People v. Ah Sam, 41 Cal. 645, held correct, and properly applicable to the facts of this case.</p>