United States v. Peoni

100 F.2d 401 (2d Cir. 1938)

 

RULE:

In order to be an accessory, a defendant must in some sort associate himself with the venture, participate in it as in something that he wishes to bring about, and seek by his action to make it succeed.

FACTS:

Defendant sold counterfeit bills to an individual. That individual then sold the same bills to a third person. All three knew that the bills were counterfeit. The third person was arrested when he was trying to pass on the bill. Defendant was indicted for possessing counterfeit money and for conspiracy to possess it. The jury convicted him on all counts. The appellate court reversed the conviction.

ISSUE:

Was defendant an accessory to the possession of the bills by the third person who received those bills from one who received it from defendant?

ANSWER:

No.

CONCLUSION:

Defendant was not an accessory to possession. His connection with the business ended when he got his money from the individual to whom he made the sale. Defendant's utterance of the bills was a step in the causal chain, which ended in the third person's possession, but nothing more.

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