
    STATE vs. YOUNG & LAUGHLIN.
    A person present aidingor assisting another to pass counterfeit money is guilty as a principal.
    Continued upon affidavit as to Laughlin.
    
      Indictment for passing counterfeit dollars.
    
    The evidence shewed, that the defendants were traveling in company, that they had their horses shod; that the black-smith called on Young for payment, who told him that Laughlin would pay him as he had their money. Laughlin paid him with a dollar, or perhaps two, which were counterfeit. Upon apprehending the defendants, near $100 of counterfeit money were found in Young’s saddle bags, with a phial of quicksilver, and another phial was found in Laughlin’s possession.
    Miller for the defendant,
    insisted that Young could not be convicted for passing counterfeit money, it was a thing in its nature incapable of being done but by one. Sed per curiam, as to accessories there cannot be any in this offence, it is an offence of an inferior nature, it is such as not to admit of accessories, before, or after the fact. But if it were felony the defendant being present could not be an accessory; he must be a principal. In the principal case the defendant must be guilty as a principal or not at all.
   To constitute the offence, it is not necessary, that the defendant should actually hand the counterfeit dollar to the black smith,if he approved, aided, or assisted the other defendant being present, he must be as much guilty as Laughlin.

Verdict for the defendant.  