Maugeri
Maugeri v. United States
Opinion
Lead Opinion
Garrecht, J.
The indictment in this case charges three defendants, Gaspare La Rosa, Salvatore Maugeri, and Jimmie Pasqua (true name Frank Scarpatura), in twelve substantive counts, with the possession and the passing of falsely made, forged, and counterfeited obligations and securities of the United States, namely, forged and counterfeited Federal Reserve Notes of the Federal Reserve Bank of New York.
A thirteenth count, which is the only one involved in this appeal, charges the three defendants with conspiracy to commit offenses against the laws of the United States, to wit, to keep in their possession and conceal, and to pass, utter, etc., and attempt to pass, utter, etc., with intent to defraud, etc., counterfeited notes, and that thereafter one or more of the defendants, mentioned by name, performed eight overt acts to effect the object of the conspiracy.
La Rosa pleaded guilty to all thirteen counts of the indictment. Counts 3, 4, 7, 8, 11, and 12 were ordered dismissed by the court as against the appellant -and Pasqua, on motion of the United States Attorney. Counts 1, 2, 5, 6, 9, 10, and 13 were submitted to the jury as against the appellant and Pasqua. The latter was found guilty on…
Dissenting Opinion
Wilbur, J.
I dissent for the reason that there is no evidence that the defendant knew that his associates were passing counterfeit money. Proof of this fact is essential to establish complicity in the crime or conspiracy to commit the crime of passing counterfeit money. As said by the Supreme Court of California in People v. Dole, 122 Cal. 486, 492 , 55 P. 581, 584 , 68 Am.St.Rep. 50 : “A person may aid in the commission of an offense by doing innocently some act essential to its accomplishment, and this is especially true in regard to the crime of forgery, for he may pass the forged instrument without knowing that it is forged. The word ‘aid’ does not imply guilty knowledge or felonious intent, whereas the definition of the word ‘abet’ includes knowledge of the wrongful purpose of the perpetrator' and counsel and encouragement in the crime.”