United States v. McFarlane
U.S. Circuit Court for the District of District of Columbia
Indictment at common law for a riot, and for assault and battery. [See Case No. 15,-674.] Mr. Youngs moved in arrest of judgment 1st. Because an indictment will not lie for a riot the act of assembly of Virginia, of December 4, 1786 (Old Rev. Code, pp. 38, 39), having prescribed a certain mode of prosecution. 2d. Because assault and battery cannot be joined with riot, in the same indictment They require separate and different kinds of punishment.
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Indictment at common law for a riot, and for assault and battery. [See Case No. 15,-674.] Mr. Youngs moved in arrest of judgment 1st. Because an indictment will not lie for a riot the act of assembly of Virginia, of December 4, 1786 (Old Rev. Code, pp. 38, 39), having prescribed a certain mode of prosecution. 2d. Because assault and battery cannot be joined with riot, in the same indictment They require separate and different kinds of punishment. Riot is of a higher nature, and the assault and battery merges in the riot. The assault and battery may be justified, but the riot cannot 1 Hawk.…
1Opinion of the Court
Motion overruled, and judgment entered.
It was a question, whether, under the last section of the act, the jury were to ascertain the term of imprisonment, and whether imprisonment were not a necessary part of the punishment; but the court decided both in the negative. Quaere—see Old Rev. Code, p. 287, §§ 3, 4; Id. pp. 33, 38; Id. p. 112, § 26.
2Cited by13 opinions
- Saint v. AllenSupreme Court of Louisiana · 1930
- In re Healy, New York County Courts1937
- Guidry v. RobertsLouisiana Court of Appeal · 1976
- Ex Parte Faulkner & ColemanSupreme Court of Arkansas · 1952
- People ex rel. McCarren v. DoolingAppellate Division of the Supreme Court of the State of New York · 1908
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