United States v. McGlue
U.S. Circuit Court for the District of Massachusetts
This was an indictment [against James McGlue] for the murder of Charles A. Johnson, first officer of the bark Lewis, of Salem, by the second officer of the bark. One count alleged the offence to have been committed on the high seas, and another in a bay within the dominions of the Imaum of Muscat, a foreign prince or sovereign. The facts, so far as they are necessary to raise the questions of law, appear in' the charge to the jury.
1Opinion of the CourtCurtis, Circuit Justice
(charging jury). The prisoner is indicted for the murder of Charles A. Johnson. It is incumbent on the government to prove, beyond a reasonable doubt, the truth of every fact in the indictment, necessary, in point of law, to constitute the offence. These facts need not be proved beyond all possible doubt. But a moral conviction must be produced in your minds, so as to enable you to say that, on your consciences, you do verily believe their truth. These facts are in part controverted, and in part, as I understand the course of the trial, not controverted; and it will be useful to separate the…
2Cited by16 opinions
- Hopt v. PeopleSupreme Court of the United States · 1882
- State v. HoytSupreme Court of Connecticut · 1880
- Spencer v. StateCourt of Appeals of Maryland · 1888
- Cunningham v. StateMississippi Supreme Court · 1879
- Andrews v. FriersonSupreme Court of Alabama · 1905
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