Alleging Possession of Counterfeit Money

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In indictments for fraudulently keeping in possession or concealing counterfeit money or bank notes, it is not necessary to aver in the indictment that the party charged intended to pass or impose the counterfeit money or bank notes on the community as good money, but it shall appear in proof that the counterfeit money or bank notes were possessed or concealed with the fraudulent intent that they should get into circulation and with a knowledge that they were counterfeit.

Code 1858, § 5135 (deriv. Acts 1841-1842, ch. 48, § 5); Shan., § 7098; Code 1932, § 11644; T.C.A. (orig. ed.), § 40-1817.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19.

Tennessee Jurisprudence, 13 Tenn. Juris., Forgery and Counterfeiting, §§ 9, 10.

Law Reviews.

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319.


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