Respublica v. M'Carty
Supreme Court of the United States
THE defendant was indicted for High-Treason, in levying war, &c. by joining the armies of the King of Great Britain. On the trial, the Attorney General offered to give the confession of the party in evidence made at the time of his arraignment; but Ingerfoll objected, that a confession could only be admitted to be given in evidence by way of corroboration, and that, therefore, an over act should be first proved.
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THE defendant was indicted for High-Treason, in levying war, &c. by joining the armies of the King of Great Britain. On the trial, the Attorney General offered to give the confession of the party in evidence made at the time of his arraignment; but Ingerfoll objected, that a confession could only be admitted to be given in evidence by way of corroboration, and that, therefore, an over act should be first proved. Fost. 10. 240. contended, that the confession proved by two witnesses was of itself sufficient; but that, independent of that position, it was not necessary to prove the overt act,…
1Opinion of the Court
By the Court:
—No case of this kind has hitherto occur red hi this Court. In the case of the Commonwealth v. Roberts. (a.) The defendant’s confession was offered merely to shew quo animo he committed the treasonable act; and the Court were there of opinion, that it ought to be admitted as corroborative proof. We find, indeed, that in Berwick’s case, Fost. 10, two Judges thought that a confession after the fact, proved by two witnesses, was sufficient to convict, within the 7 W. 3: But Justice Foster doubted the propriety of that opinion; as the statute seemed to require two witnesses to the…
2Cited by22 opinions
- Bell v. United StatesSupreme Court of the United States · 1961
- Iva Ikuko Toguri D'Aquino v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- Gillars v. United StatesCourt of Appeals for the D.C. Circuit · 1950
- Commonwealth v. StanleySuperior Court of Pennsylvania · 1979
- State v. ToscanoSupreme Court of New Jersey · 1977
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