United States v. Imbert
U.S. Circuit Court for the District of Eastern Pennsylvania
The defendant [Lewis A. Jmbert] was indicted for manslaughter committed by him, being one of the ship’s company of the Ara-bella, belonging to citizens of the United States, on another of the ship’s company of said vessel, in the river Elba.
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The defendant [Lewis A. Jmbert] was indicted for manslaughter committed by him, being one of the ship’s company of the Ara-bella, belonging to citizens of the United States, on another of the ship’s company of said vessel, in the river Elba. After the evidence was concluded, it was objected by the defendant’s counsel that no evidence having been given to prove that the vessel on board of which the offence is alleged to have been committed, belonged to a citizen of the United States, a verdict could not be found against the defendant. They further insisted that the only legal proof of…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The objection taken on the ground of defect of evidence is insurmountable. Manslaughter is no offence against the laws of the United States, unless it be committed on the high seas, or in some place under the sole and exclusive jurisdiction of the United States, or on board of a vessel belonging to a citizen or citizens of the United States, on some water within a foreign jurisdiction, by one or more of the ship’s company, or a passenger, upon some other passenger or member of the ship’s company. It is therefore essential for the prosecutor to prove that the vessel…
2Cited by3 opinions
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1868
- People v. TylerMichigan Supreme Court · 1859
- Petersen v. BrockelmannNew York Marine Court · 1874