Case No. 16,058.

UNITED STATES v. PLYMPTON.

[4 Cranch, C. C. 309.]¹

Circuit Court, District of Columbia.

March Term, 1833.

UTTERING FORGED PAPER—VENUE OF OFFENCE.

A forged paper, inclosed at Baltimore in a letter directed to a person in Washington, D. C, and put into the post-office at Baltimore, is not an uttering of the note in Washington.

[Cited in Palliser v. U. S., 136 U. S. 207, 10 Sup. Ct. 1037.]

Indictment [against William Plympton] for forgery, by altering two checks on the Baltimore Savings Institution, 27th August, 1831; and for uttering them, knowing them to be so forged. The counts for forging the checks were abandoned. Upon the counts for uttering, &c., the uttering, attempted to be proved, was by putting the altered checks, inclosed in a letter, into the post-office in Baltimore in Maryland, directed to Richard Wright, in Washington, D. C.; which was like the case of U. S. v. Wright [Case No. 16,773], at December term, 1821, and April term, 1822, in this court, where the forged paper was put into the post-office in Tennessee, inclosed in a letter directed to a person in Washington; in which case this court, upon a special verdict, decided that the uttering was not in Washington county.

Upon the authority of that ease, THE COURT (THRUSTON, Circuit Judge, absent) instructed the jury that the facts proved did not show an uttering in this county.

Verdict, not guilty.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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