United States v. Kelly
Supreme Court of the United States
THE defendants, Kelly and others, were indicted in the Circuit Court' for the District of Pennsylvania, for that the defendants, on the 24th of December, 1824, being seamen on board a merchant vessel of the United States, called the Lancaster, on the high seas, feloniously endeavoured to mak,e a revolt in. the said vessel, contrary to the act of Congress of the 30th of April, 1790, c. 36. [ix.] s, 12. The defendants were found guilty, and moved the Court, in arrest of…
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THE defendants, Kelly and others, were indicted in the Circuit Court' for the District of Pennsylvania, for that the defendants, on the 24th of December, 1824, being seamen on board a merchant vessel of the United States, called the Lancaster, on the high seas, feloniously endeavoured to mak,e a revolt in. the said vessel, contrary to the act of Congress of the 30th of April, 1790, c. 36. [ix.] s, 12. The defendants were found guilty, and moved the Court, in arrest of judgment, upon the ground, “that the act of. Congress does not define the offence of endeavouring to make a revolt, and ^that…
1Opinion of the CourtJustice Washington
This case comes before the Court upon a certificate of a division of opinion of the Judges of the Circuit Court for the eastern district of Pennsylvania, upon the following point assigned by the defendants as a reason in arrest of judgment, viz. “ that the act of Congress does not define the offence of endeavouring to make a revolt, and it is not competent to the Court to give a judicial definition of an offence heretofore unknown.”
This Court is of opinion, that although the act of Congress does not define this offence, it is, nevertheless, competent to the Court to give a judicial definition…
2Cited by5 opinions
- Johnson v. United StatesSupreme Court of the United States · 2015
- Hamilton v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Rees v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- Johnson v. United StatesSupreme Court of the United States · 2015
- United States v. HuffUnited States Circuit Court · 1882