Legal Opinion

United States v. Smith

U.S. Circuit Court for the District of Western Washington

Decided March 22, 1907PublishedCited by 2 opinions

Criminal Action. Indictment for buying and receiving in pledge government property from a soldier in violation of section 5438, Rev. St. [U. S. Comp. St. 1901, p. 3674]. Evidence offered by the government to prove admissions by the defendant in giving testimony before a court-martial on the trial of the soidier for selling or pawning the property was excluded. The defendant was convicted and sentenced to pay a fine of $1,200 and costs.

1Opinion of the CourtHanford, District Judge

(charging the jury). Gentlemen of the jury, the defendant is on trial for a criminal act. He is charged with the commission of a criminal action by the indictment against him, and it is for you to decide the question as to whether he is guilty or not guilty. Having entered a plea of not guilty, the burden is placed upon the government to prove that he is guilty by evidence sufficient to convince you beyond a reasonable doubt. All acts which are prohibited by law are not criminal, and I am going to call your attention to the provisions of the statutes of the United States which affect the…

2Cited by2 opinions

  1. Bolland v. United StatesCourt of Appeals for the Fourth Circuit · 1916
  2. Ontai v. United StatesCourt of Appeals for the Ninth Circuit · 1911

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