United States v. Watson
District Court, S.D. New York
This was an indictment found under the 45th section of the. internal revenue act of July 13, 1866 [14 Stat. 163], and charged the defendants [Ethan L. "Watson and others], in substance, with aiding and abetting in the concealment of thirteen barrels of distilled spirits, which had been removed from a distillery to a rectifying establishment which was not a bonded warehouse.
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This was an indictment found under the 45th section of the. internal revenue act of July 13, 1866 [14 Stat. 163], and charged the defendants [Ethan L. "Watson and others], in substance, with aiding and abetting in the concealment of thirteen barrels of distilled spirits, which had been removed from a distillery to a rectifying establishment which was not a bonded warehouse. The punishment for the offence was a fine of not less than $200 nor more than $1,000, or imprisonment for not less than three -nor more than twelve months. The minutes of the court showed that, the indictment being pending…
1Opinion of the Court
BLATCHFORD, District Judge.
There can be no doubt that a court of the United States has authority, in a criminal case, to discharge a jury from giving a verdict whenever, in its opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or when the ends of public justice would otherwise be defeated, and it may do this’ without the consent of the defendants; but the court is to exercise a sound discretion on the subject, and to use the power with the greatest caution, under urgent circumstances, and for very plain and obvious causes. U. S. v. Perez, 9…
2Cited by36 opinions
- Downum v. United StatesSupreme Court of the United States · 1963
- Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Cornish v. StateCourt of Appeals of Maryland · 1974
- Jourdan v. StateCourt of Appeals of Maryland · 1975
- Thomason v. StateSupreme Court of Florida · 1993
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