United States v. Robert Arley Johnson

Appellant Johnson was convicted of two charges. Count I alleged fraudulent uttering and passing of one $10 and one $5 counterfeit Federal Reserve Notes. Count II alleged possession with intent to defraud of two $5 and one $20 counterfeit Federal Reserve Notes. Concurrent sentences were imposed under the two counts.

It is important to observe that both charges were drawn under 18 U.S.C. § 472 relating to “counterfeit * * * obligation(s) * * * of the United States.”

The evidence with respect to the first count showed that defendant used the counterfeit $5 and $10 notes to pay a door-to-door salesman for a magazine subscription. The two bills were zeroxed reproductions of both sides of genuine currency pasted together. While they certainly are not good counterfeits, they are unquestionably imitations of genuine bills which resemble genuine bills and which might, under favorable circumstances, be uttered and accepted as genuine. They were so accepted by the magazine salesman in this ease. Thus, with respect to the first count, Appellant’s reliance upon United States v. Smith, 318 F.2d 94 (4th Cir. 1963), is misplaced. The test of the Smith case is met. The two counterfeit bills bear…