Masters v. United States
District of Columbia Court of Appeals
Hearing on an appeal by the defendants from a judgment of the- Supreme Court of the District of Columbia convicting them óf embezzlement.
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Hearing on an appeal by the defendants from a judgment of the- Supreme Court of the District of Columbia convicting them óf embezzlement. The Court in the opinion stated the facts as follows: Appellants, Samuel J. Masters and John B. Kinnear,. defendants below, were convicted of the crime of embezzlement under sec. 834 of the District Code [31 Stat. at L. 1325, chap. 854], which provides, so far as material to this case, if “any officer, attorney, agent, clerk, or servant of any association or incorporated company, shall wrongfully convert to his own use * * * anything of value which shall…
1Opinion of the CourtJustice Van Orsdee
Of course, it is beyond the power of a court to instruct a jury to return a verdict of guilty in a criminal case, either directly or indirectly by the use of language which amounts to the direction of a verdict. The Constitution of the United States guarantees every person charged with crime the right of trial by jury. Art. III. sec. 2, cl. 3, 6th Amendment. This right cannot be taken away by the legislative department of the government, much less by the judicial. It would be a judicial frittering away of the citizens’ constitutional rights to hold that the charge of the court in this case…
2Cases cited10 opinions
- Starr v. United StatesSupreme Court of the United States · 1894
- People v. GarbuttMichigan Supreme Court · 1868
- Board of Commissioners v. ArmStrongIndiana Supreme Court · 1883
- State v. SilvaSupreme Court of Missouri · 1895
- Gordon v. StateSupreme Court of Alabama · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. ManceUnited States Court of Military Appeals · 1988
- State v. AustinNew Mexico Court of Appeals · 1969
- State v. ShedoudyNew Mexico Supreme Court · 1941
- United States v. AsfeldU.S. Army Court of Military Review · 1990
- State v. CraigNew Mexico Supreme Court · 1962
9 more not listed; retrieve them via the Exa API.