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1 Wheel. Cr. Cas. 21

People v. O'Bryan

New York Court of Common Pleas

Decided September 15, 1822

New York Court of Common Pleas · decided 1822-09-15

On Counterfeit Notes. Nicholas O’Bryan was charged with having in his possession two $3 counterfeit bank-notes, of the Bank Hartford, with an intention to pass them, knowing they were counterfeit.

Decided 1822-09-15

By the Court.

¶1“Gentlemen of the jury, if you believe “ the facts sworn to by the witness, you must acquit the « prisoner. He has explained how he got possession of the “ notes charged upon him: although the testimony is sus- “ picious, yet we cannot make out the prisoner’s guilt, without positive and satisfactory proof, which appears “ to be wanting in this case. The witness says, that she saw O’Bryan’s wife receive the money, in his absence, “ and there has nothing yet appeared to show she has not “ sworn the truth.”

¶2The jury found the prisqner not guilty.

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