Opinion
APRIL TERM, 1780.
And now Lewis, for the defendant, contended, that false tokens are only indictable by the St. of 33. Hen. 8. c. 1. which has no operation in Pennsylvania; and he cited 3 Burr. 1697. 1 Burn. 291. 2 Sess. Ca. 2.
The Attorney General (Sergeant) insisted, that the Defendant's office was a public trust; and cited 2 Burr. 1125. 1 Hawk. 187.
THIS was an indictment against the Defendant, a baker employed by the army of the United States, for a cheat, in baking 219 barrells of bread, and marking them as weighing 88 lb. each, whereas they only severally weighed 68 lb. The indictment being originally found at the City Court, in October Sessions 1779, was removed by Certiorari into this Court.
THE COURT said, that this was clearly an injury to the public; and the fraud the more easily to be perpetrated, since it was the custom to take the barrels of bread at the marked weight, without weighing them again. The public indeed, could not by common prudence prevent the fraud, as the Defendant was himself the officer of the public pro hac vice. They were therefore of opinion, that the offence was indictable.