United States v. Smith
U.S. Circuit Court for the District of Western Washington
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
- Bolland v. United StatesCourt of Appeals for the Fourth Circuit · 1916
- Ontai v. United StatesCourt of Appeals for the Ninth Circuit · 1911