Respublica v. John Roberts
Supreme Court of the United States
Indictment for High Treason. — A witness was called to prove, that the defendant had attempted to prevail upon him to enlist with the British army ; but that he did not succeed.. This gave rise to a question on these words of the act of assembly : “ That if any person or persons knowingly and willingly shall aid or assist any enemies at open war with this state, &c., by persuading others to enlist for that purpose, &c., he shall be ad-, judged guilty of high treason.” (1 Sm.
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Indictment for High Treason. — A witness was called to prove, that the defendant had attempted to prevail upon him to enlist with the British army ; but that he did not succeed.. This gave rise to a question on these words of the act of assembly : “ That if any person or persons knowingly and willingly shall aid or assist any enemies at open war with this state, &c., by persuading others to enlist for that purpose, &c., he shall be ad-, judged guilty of high treason.” (1 Sm. L. 435.) In support of the prosecution, it was urged, that the attempt to prevail constituted the crime ; and that.it…
1Opinion of the Court
By the Court.
There is proof of an overt act, that the prisoner did enlist, and evidence is now offered to show, that he also endeavored to persuade others to enlist, in the armies of the enemy. But we are of opinion, that the word persuading, used by the legislature, means to succeed; and that there must be an actual enlistment of the person persuaded, in order to bring the defendant within the intention of the clause. 2 Lord Raym. 889.
The evidence offered, however, is proper to show quo animo the prisoner himself joined the British forces.
The counsel for the commonwealth then offered to give…
2Cases cited1 opinion
- Respublica v. M'CartySupreme Court of the United States · 1781
3Cited by8 opinions
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- Haupt v. United StatesSupreme Court of the United States · 1947
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