Foster v. United States
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Roanoke. J. D. Foster was convicted of a criminal offense, and brings error. The plaintiff in error (defendant below) was indicted at the April, 1910, term of the United States District Court for the Western District of Virginia, at Danville, Va., under an indictment in pursuance of section 3296 of the Revised Statutes (U. S. Comp.
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In Error to the District Court of the United States for the Western District of Virginia, at Roanoke. J. D. Foster was convicted of a criminal offense, and brings error. The plaintiff in error (defendant below) was indicted at the April, 1910, term of the United States District Court for the Western District of Virginia, at Danville, Va., under an indictment in pursuance of section 3296 of the Revised Statutes (U. S. Comp. St. 1901, p. 2136), which indictment contained two counts; the first charging that the .defendant removed, aided and abetted in the removal of, certain distilled spirits to…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). There are several assignments of error, but we think that the fourth assignment is perhaps the most important, involving, as it does, the question as to the extent to which the court should go in expressing an opinion as to the weight of evidence, and also the further question as to wdiether, under any circumstances, the court should express an opinion as to the defendant’s guilt after the jury has had under consideration the evidence, and at a time when they have failed to agree as to their verdict. In the case of Starr v. United States, 153 U. S. 624, 14…
2Cases cited8 opinions
- Starr v. United StatesSupreme Court of the United States · 1894
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
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- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Lovejoy v. United StatesSupreme Court of the United States · 1888
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3Cited by12 opinions
- People v. RodriguezCalifornia Supreme Court · 1986
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- Weare v. United StatesCourt of Appeals for the Eighth Circuit · 1924
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- People v. CookCalifornia Supreme Court · 1983
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