ru an wits0N. 33
In re WILSON. `
(District Oourt, E. D. Mchigan. October 8, 1883.)
1. Passme Couurmnrmrnn Onmoyrrorr or UNITED STATES—REV. Sr. §§ 5430
Ann 5431--INFUBMATION.
It seems that a person accused of passing a counterfeited obligation of the V
United States may be prosecuted by information.
2. Snsrmccn or 0ONFINEMENT—PENlTENTIARY ns Auornna Swarm.
In sentencing a prisoner to confinement in a penitentiar outside the limits
of the state in which he was tried, it is not necessary that the record of his cou-
viction should show that there was no penitentiary within that state suitable
for the connnement of prisoners from the federal courts, or that the attorney
general had designated the penitentiary in question for such purpose.
3. Hsnnss CORPUS-CERTIFIED Corr or Snuranon.
A certified copy of the sentence of a court of record is sufficient authority
for the detention of a convict. No warrant or mttttmus is necessary.
This was an application for a writ of habeas corpus to release a pris-
oner confined in the Detroit House of Correction, under sentence from
the district court for the eastern district of Arkansas. A copy of the
record of his conviction was annexed to his petition, from which it
appeared that he was found guilty upon an information which con-
tained a count under Rev. St. § 5430, for having in possession, with
fraudulent intent, an obligation engraved and printed after the simil-
itude of an interest-bearing coupon bond of the United States. The
information also contained a second count, under section 5431, for
passing and attempting to pass a counterfeited obligation and secu-
rity of the United States. A copy of the obligation in question was
attached to the information. It purported upon its face to be a gold-
bearing bond, in the sum of a thousand dollars, of the United States
Silver Mining Company of Denver City, Colorado, signed by the pres-
ident and secretary of the company, and having a strong resemblance
to a genuine interest-bearing coupon bond ofthe United States. The
words "United States" were printed in large and conspicuous capitals,
while the words "Silver Mining Co. of Denver City, Col.," appeared
in small, indistinct type, at a considerable distance below the others.
The bond was numbered and lettered very much like a genuine gov-
ernment bond. It was agreed by counsel that the merits of the case
should be disposed of upon the application for a writ without the for-
mality of its issue and return. Petitioner demanded his discharge
upon the following grounds: _
(1) Because he was convicted upon an information, and not upon an indict-
ment; (2) because sentence was imposed upon him for a crime of which he
was not convicted; (3) because it did not appear from the record that the _
court had·p0wer to sentence him to a prison outside the state of Arkansas,
and made no finding that there was no jail or penitentiary within the state ,
suitable for the confinement of persons convicted of crime against the United "
v.18,no.1-3