United States v. Learned
District Court, E.D. Michigan
Motion to set aside a verdict of guilty and for a new trial. Charles G. Learned and Frederick S. Ayres were brought to trial upon an indictment for issuing an unstamped agreement. Under the instructions given, the jury found a verdict of guilty. The defendants now moved to set aside the verdict, and for a new trial, on the ground of refusal to give certain charges to the jury, and of misdirection in the charges which were given.
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Motion to set aside a verdict of guilty and for a new trial. Charles G. Learned and Frederick S. Ayres were brought to trial upon an indictment for issuing an unstamped agreement. Under the instructions given, the jury found a verdict of guilty. The defendants now moved to set aside the verdict, and for a new trial, on the ground of refusal to give certain charges to the jury, and of misdirection in the charges which were given. On the trial, it appeared that the defendants had been for years extensive manufacturers of lumber at Port Austin, in the district, and that in the prosecution of…
1Opinion of the Court
LONGYEAR, District Judge.
The questions arising upon this motion will be taken up in the order in which they arose in the charge, rather than the order in which they are presented in the motion. The first and second charges given present the question: Is the instrument mentioned in the indictment—(see copy, ante)—such an one as was required by the internal revenue law to be stamped? If covered by the law at all, it is covered by the first clause of Schedule B, under the head of “Agreement or Contract.” 13 Stat. 298..The question, then, resolves itself simply *895into this: Is it an agreement or…
2Cases cited2 opinions
- Beebe v. HuttonNew York Supreme Court · 1866
- Howe v. CarpenterNew York Supreme Court · 1869