1038. Difference as to date, year or legend on note immaterial
At the trial of any person accused of any offence respecting currency or note, no difference in the date or year, or in any legend marked upon the legal note described in the charge and the date or year or legend marked upon the false note counterfeited to resemble or pass for such legal note or upon any die, plate, press, tool, or instrument used, constructed, devised, adapted, or designed, for the purpose of counterfeiting or imitating any such legal note, shall be considered a just or lawful cause or reason for acquitting any person of such offence, and in any such case, it is sufficient to prove any general resemblance to the legal note, as will show an intention that the counterfeit should pass for the legal note.