Legal Opinion

Respublica v. Shaffer

Supreme Court of the United States

Decided February 1, 1788PublishedCited by 15 opinions

After some conversation with the Grand Inquest, the Attorney-General informed the court, that a list of eleven persons had been presented to him by the foreman, with a request, that they might be qualified and sent to the jury, as witnesses upon a bill then de]aending before them.

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After some conversation with the Grand Inquest, the Attorney-General informed the court, that a list of eleven persons had been presented to him by the foreman, with a request, that they might be qualified and sent to the jury, as witnesses upon a bill then de]aending before them. He stated, that the list had been made out by the defendant’s bail; that the persons named were intended to furnish testimony in favor of the party charged, upon facts with which the inquest, of their own knowledge, were unacquainted ; and he concluded with requesting, that the opinion of the court might be given…

1Opinion of the Court

McKean, Chief Justice.

Were the proposed examination of witnesses, on the part of the defendant, to be allowed, the long-established rules of law and justice would be at an end. It is a matter well known, and well understood, that by the laws of our country, every question which affects a man’s life, reputation or property, must be tried by twelve of Ms peers ; and that their unanimous Verdict is, alone, competent to determine the fact in issue. If, then, you undertake to inquire, not only upon what foundation the charge is made, but, likewise, upon what foundation it is denied, you will, in…

2Cited by15 opinions

  1. United States v. WilliamsSupreme Court of the United States · 1992
  2. United States v. Ronald S. JenkinsCourt of Appeals for the Second Circuit · 1973
  3. United States v. TerryDistrict Court, N.D. California · 1889
  4. Heath v. PageSupreme Court of Pennsylvania · 1865
  5. United States Ex Rel. Almeida v. RundleDistrict Court, E.D. Pennsylvania · 1966

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