Weston v. United States
U.S. Circuit Court for the District of District of Columbia
Error from the Criminal Court of the District of Columbia. The prisoner was indicted for stealing twenty-six silver coins of the value of’ fifty cents each, sixteen silver coins of the value of twenty-five cents each, and nine silver coins of the value of one dollar each, of the goods and chattels of one Sophia Brasey.
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Error from the Criminal Court of the District of Columbia. The prisoner was indicted for stealing twenty-six silver coins of the value of’ fifty cents each, sixteen silver coins of the value of twenty-five cents each, and nine silver coins of the value of one dollar each, of the goods and chattels of one Sophia Brasey. Upon the trial the Attorney for the United States, prayed the following instruction, namely: “ If the prisoner is believed, by the jury, to have come into the witness’s house and found her counting money ; and that he then conceived the intention to obtain the money under a…
1Opinion of the Court
Cranch, C. J.,
after stating the case, delivered the opinion of the Court, (Thruston, J., dissenting.)
The facts stated in a bill of exceptions are to be considered by the Court exactly as if they had. been found in a special verdict; for the Court tells the jury what the law is upon the facts to be found by them ; and the only difference is, that if a special verdict be found, the Court decides the law after the facts are ascertained by the jury; and in giving an instruction at the trial, the Court decides the law before the facts are found. And the Court, in giving an instruction, can no more…
2Cited by3 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Renner v. President of the Bank of ColumbiaSupreme Court of the United States · 1824
- Babcock v. MayOhio Supreme Court · 1829