United States v. Keen
U.S. Circuit Court for the District of Massachusetts
Indictment against the defendant [Shad-rick Keen], for forcibly obstructing and impeding one James Gooch, an officer of the customs, and an inspector, in the discharge of the duties of his office, against Act 1799, e. 128, § 71 [1 Story’s Laws, 633; 1 Stat. 678, c. 22]; Act March 3, 1815, c. 246, § 3 [2 Story's Laws, 1516; 3 Stat. 232, e. 94]; and Act March 3,1823, c. 186, § 3 [3 Story’s Laws, 1927; 3 Stat, 782, e. 59]. Plea, not guilty.
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Indictment against the defendant [Shad-rick Keen], for forcibly obstructing and impeding one James Gooch, an officer of the customs, and an inspector, in the discharge of the duties of his office, against Act 1799, e. 128, § 71 [1 Story’s Laws, 633; 1 Stat. 678, c. 22]; Act March 3, 1815, c. 246, § 3 [2 Story's Laws, 1516; 3 Stat. 232, e. 94]; and Act March 3,1823, c. 186, § 3 [3 Story’s Laws, 1927; 3 Stat, 782, e. 59]. Plea, not guilty. At the trial it was admitted that Gooch was an inspector of the customs, and known as such by the defendant. Evidence was also before the jury for the…
1Opinion of the Court
STORY. Circuit Justice,
in summing up to the jury, said:
The court are clearly of opinion that the argument ot the defendant’s counsel upon the point of law. cannot be maintained. To constitute an obstruction or impediment within the meaning of the act, it is not necessary' that the party should intend to obstruct or impede the officer in the discharge of his duties. If the officer is in fact obstructed or impeded in the discharge of his duties by a person, knowing him to be an officer, then engaged in his duties, the case is within the act. It is wholly immaterial that the party has another…
2Cited by9 opinions
- Pettibone v. United StatesSupreme Court of the United States · 1893
- Blake v. United StatesCourt of Appeals for the First Circuit · 1895
- States v. TaylorU.S. Circuit Court for the District of Eastern Virginia · 1893
- People v. BrownNew York Supreme Court · 1972
- In re DoolittleU.S. Circuit Court for the District of Eastern Missouri · 1885
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