United States v. More
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Washington, upon a judgment in favor of the traverser, on a demurrer to an. indictment for taking unlawful fees, as a justice of the peace for the county of Washington.
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Error to the Circuit Court of the district of Columbia, sitting at Washington, upon a judgment in favor of the traverser, on a demurrer to an. indictment for taking unlawful fees, as a justice of the peace for the county of Washington. The indictment was as follows: “United States, District of Columbia and County of Washington, to. wit: The jurors for the United States, for the district of Columbia, and county of Washington aforesaid, upon their oath present, that Benjamin More, late of the county of Washington aforesaid, gentleman, on the 10th. day of December, in the year of our Lord, one…
1Opinion of the Court
Marshall, Ch. J.,(a)
delivered tbe opinion of tbe court as follows : — Tbis is an indictment against tbe defendant, for taking fees, under color of bis office, as a justice of tbe peace in tbe district of Columbia. A doubt bas been suggested, respecting tbe jurisdiction of tbis court, in appeals or writs of error, from tbe judgments of tbe circuit court for tbat district, in criminal cases ; and tbis question is to be decided, before tbe court can inquire into tbe merits of tbe case.
In support of tbe jurisdiction of tbe court, tbe attorney-general bas adverted to tbe words of tbe constitution,…
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