United States v. Peoni, No. 155.

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtL. HAND, SWAN and CHASE, Circuit
Citation100 F.2d 401
PartiesUNITED STATES v. PEONI.
Docket NumberNo. 155.
Decision Date12 December 1938

100 F.2d 401 (1938)

UNITED STATES
v.
PEONI.

No. 155.

Circuit Court of Appeals, Second Circuit.

December 12, 1938.


Abraham Solomon, of New York City (Bernard Weiss, of New York City, of counsel), for appellant.

Michael F. Walsh, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and James D. Saver, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before L. HAND, SWAN and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

Peoni was indicted in the Eastern District of New York upon three counts for possessing counterfeit money, and upon one for conspiracy to possess it. The jury convicted him on all counts, and the only question we need consider is whether the evidence was enough to sustain the verdict. It was this. In the Borough of the Bronx Peoni sold counterfeit bills to one, Regno; and Regno sold the same bills to one, Dorsey, also in the Bronx. All three knew that the bills were counterfeit, and Dorsey was arrested while trying to pass them in the Borough of Brooklyn. The question is whether Peoni was guilty as an accessory to Dorsey's possession, and

100 F.2d 402
whether he was party to a conspiracy by which Dorsey should possess the bills

The prosecution's argument is that, as Peoni put the bills in circulation and knew that Regno would be likely, not to pass them himself, but to sell them to another guilty possessor, the possession of the second buyer was a natural consequence of Peoni's original act, with which he might be charged. If this were a civil case, that would be true; an innocent buyer from Dorsey could sue Peoni and get judgment against him for his loss. But the rule of criminal liability is not the same; since Dorsey's possession was not de facto Peoni's, and since Dorsey was not Peoni's agent, Peoni can be liable only as an accessory to Dorsey's act of possession. The test of that must be found in the appropriate federal statute (§ 550 of Title 18, U.S.Code, 18 U.S.C.A. § 550). The first statute dealing with the matter was passed in 1790 (1 St. at L. 114) and made those accessories who should "aid and assist, procure, command, counsel or advise", murder or robbery on land or sea, or piracy at sca. Section 10. This was broadened in 1870 (16 St. at L. 254) to include any felony, and by it an accessory was anyone who "counsels, advises or procures" the crime, section 2: this phrase was probably regarded as an equivalent of the first. Both those statutes were repealed in 1909 by § 341 of the Criminal Code (35 St. at L. 1088, 1153), and supplanted by § 332 of that act, which like § 550 of Title 18 U.S. Code, 18 U.S.C.A. § 550, read as follows: "aids, abets, counsels, commands, induces, or procures". The substance of that formula goes back a long way. Pollock & Maitland, Vol. II, p. 507, in speaking of the English law at the beginning of the 14th Century,...

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528 practice notes
  • Federal Election Commission,
    • United States
    • Federal Register November 19, 2002
    • November 19, 2002
    ...Eastman Dillon & Co., Inc., 570 F.2d 38, 47-48 (2nd Cir.), cert. denied, 438 U.S. 1030 (1978); and U.S. v. Peoni, [[Page 69946]] 100 F.2d 401 (2nd Cir. 1938).\9\ ``Substantial assistance'' does not include strictly ministerial activity undertaken pursuant to the instructions of an emplo......
  • Tillman v. United States, No. 25381.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 10, 1969
    ...of these opinions were written by Judge Rives, and both cited the opinion of Judge Learned Hand in United States v. Peoni, 2 Cir., 1938, 100 F.2d 401, 402, as a source of the charge therein approved. See also Nye & Nissen v. United States, 336 U.S. 613, 619, 69 S.Ct. 766, 770, 93 L.Ed. 919 ......
  • United States v. Agueci, No. 99
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 8, 1962
    ...required a continuing source of supply. Comparison of the facts in Bruno with those in the oft-cited case of United States v. Peoni, 100 F.2d 401 (2d Cir., 1938), relied on by appellants, shows the inappositeness of the latter. In Bruno the evidence sufficed to warrant the jury's finding th......
  • U.S. v. Mayo, Nos. 631
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 8, 1983
    ...in it as in something that he wish[ed] to bring about," and sought "by his action to make it succeed." United States v. Peoni, 100 F.2d 401, 402 (2d Cir.1938); see United States v. Perry, 643 F.2d 38, 46 (2d Cir.), cert. denied 454 U.S. 835, 102 S.Ct. 138, 70 L.Ed.2d 115 (1981); United Stat......
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527 cases
  • Tillman v. United States, No. 25381.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 10, 1969
    ...of these opinions were written by Judge Rives, and both cited the opinion of Judge Learned Hand in United States v. Peoni, 2 Cir., 1938, 100 F.2d 401, 402, as a source of the charge therein approved. See also Nye & Nissen v. United States, 336 U.S. 613, 619, 69 S.Ct. 766, 770, 93 L.Ed. 919 ......
  • United States v. Agueci, No. 99
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 8, 1962
    ...required a continuing source of supply. Comparison of the facts in Bruno with those in the oft-cited case of United States v. Peoni, 100 F.2d 401 (2d Cir., 1938), relied on by appellants, shows the inappositeness of the latter. In Bruno the evidence sufficed to warrant the jury's finding th......
  • U.S. v. Mayo, Nos. 631
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 8, 1983
    ...in it as in something that he wish[ed] to bring about," and sought "by his action to make it succeed." United States v. Peoni, 100 F.2d 401, 402 (2d Cir.1938); see United States v. Perry, 643 F.2d 38, 46 (2d Cir.), cert. denied 454 U.S. 835, 102 S.Ct. 138, 70 L.Ed.2d 115 (1981); United Stat......
  • U.S. v. Pedroza, Nos. 136
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 11, 1984
    ...or '[sought] by his action to make it succeed.' " United States v. Johnson, supra, 513 F.2d at 823 (quoting United States v. Peoni, 100 F.2d 401, 402 (2d Cir.1938)); accord Nye & Nissen v. United States, 336 U.S. 613, 619, 69 S.Ct. 766, 769, 93 L.Ed. 919 (1949). See also United States v. Ga......
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