United States v. Freeman
U.S. Circuit Court for the District of Massachusetts
Indictment against the defendant [William D. Freeman] for the murder of one David Whitehead, on the high seas, on board of the' brig Floyd, of which the defendant was master, and Whitehead a seaman, and one of the crew, on the 28th of April, 1827. The indictment laid the charge in two counts. The first stated, that the prisoner made an assault upon Whitehead, and threw him overboard, and he was drowned.
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Indictment against the defendant [William D. Freeman] for the murder of one David Whitehead, on the high seas, on board of the' brig Floyd, of which the defendant was master, and Whitehead a seaman, and one of the crew, on the 28th of April, 1827. The indictment laid the charge in two counts. The first stated, that the prisoner made an assault upon Whitehead, and threw him overboard, and he was drowned. The second stated, that the prisoner, being master of the brigantine Floyd, and Whitehead an ordinary seaman on board the said vessel, but in a weak state of body, and unable to perform the…
1Opinion of the Court
STORY, Circuit Justice,
in the course of his summing up to the jury, stated his opinion as follows:
This is an indictment for murder on the high seas; and it is competent for the jury, upon a view of the whole matter, either to acquit the defendant of all guilt, or to convict him of the crime, as alleged in the indictment,- or to find him guilty of manslaughter. There are some general considerations, upon which the arguments at the bar render it necessary for the court to bestow a passing comment. In the first place, the general good character of the defendant may be properly brought into the…
2Cited by7 opinions
- State v. ShelledySupreme Court of Iowa · 1859
- Commonwealth v. BouvierMassachusetts Supreme Judicial Court · 1944
- State v. VanceSupreme Court of Iowa · 1864
- Carbo v. StateCourt of Appeals of Georgia · 1908
- Tongay v. StateSupreme Court of Florida · 1955
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