United States v. Johns
United States Circuit Court
This was a prosecution, on the 2d section of the act of congress, of the 26th of March 1804 (2 U. S. Stat. 290), which is expressed in these words : “ That if any person shall, on the high seas, wilfully and corruptly cast away, burn or otherwise destroy, any ship or vessel of which he is owner, in part or in whole, or in anywise direct or procure .the same to be done, with intent or design to prejudice any person or persons that hath underwritten, or shall underwrite, any…
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This was a prosecution, on the 2d section of the act of congress, of the 26th of March 1804 (2 U. S. Stat. 290), which is expressed in these words : “ That if any person shall, on the high seas, wilfully and corruptly cast away, burn or otherwise destroy, any ship or vessel of which he is owner, in part or in whole, or in anywise direct or procure .the same to be done, with intent or design to prejudice any person or persons that hath underwritten, or shall underwrite, any policy or policies of insurance thereon ; or if any merchant or merchants that shall load goods thereon, or any other…
1Opinion of the Court
By the Court.
— Upon a habeas corpus, we are only to inquire whether the warrant of commitment states a sufficient probable cause to believe, that the person charged has committed the offence stated. We have heard the evidence ; and cannot doubt of its sufficiency to that extent. We do not think that the prisoner ought either to be discharged or bailed: he must be remanded for trial.
II. When the panel of jurors was called over, the prisoner’s counsel claimed the right of challenging thirty-five jurors peremptorily, as the offence charged in the indictment, had been created, since the act of…
2Cited by2 opinions
- People v. SpargoAppellate Court of Illinois · 1982
- Penn v. Butler. Butler v. Penn. Penn v. Penn. Same v. SameSupreme Court of the United States · 1801