United States v. Cottingham
U.S. Circuit Court for the District of Northern New York
This was an indictment against [George Cot-üngham] a clerk in the post office at Albany, New-York, under the 21st section of the act of March 3, 1825 (4 Stat. 107), for opening a letter and stealing money therefrom. The punishment fixed by law for the offence was imprisonment for not less than ten nor more than twenty-one years.
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This was an indictment against [George Cot-üngham] a clerk in the post office at Albany, New-York, under the 21st section of the act of March 3, 1825 (4 Stat. 107), for opening a letter and stealing money therefrom. The punishment fixed by law for the offence was imprisonment for not less than ten nor more than twenty-one years. On the trial, the counsel for the prisoner claimed the right to challenge peremptorily twenty of the jurors, under the provisions of the 2d section of the state statute (2 Rev. St. 734, § 9), which is as follows: “Every person arraigned and put on trial for any…
1Opinion of the Court
THE COURT
decided that the prisoner had no right to any of the peremptory challenges claimed, because such challenges were not allowed at common law in any other than capital cases. See note to U. S. v. Reed [Case No. 16,134.]
It also charged the jury that the purpose for- which the letter from which the money was taken was mailed, was not a question un-' der the act.
2Cited by5 opinions
- United States v. WightU.S. Circuit Court for the District of Eastern Michigan · 1889
- Ex parte PetersU.S. Circuit Court for the District of Western Missouri · 1880
- United States v. GrimmDistrict Court, E.D. Missouri · 1892
- United States v. RappU.S. Circuit Court for the Northern District of Georgia · 1887
- Walster v. United StatesDistrict Court, N.D. New York · 1890