United States v. Curtis
U.S. Circuit Court for the District of Massachusetts
Indictments [against Winslow Curtis, alias Sylvester Colston] for the murder of Edward Selfridge, on the high seas, on the 28th of August, 1826. Plea, not guilty.
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Indictments [against Winslow Curtis, alias Sylvester Colston] for the murder of Edward Selfridge, on the high seas, on the 28th of August, 1826. Plea, not guilty. After a verdict of guilty, Jarvis & Dunlap, for the prisoner, moved in arrest of judgment, and also for a new trial, because no copy of the indictment was furnished two days before the prisoner’s arraignment and pleading, according to the statutes of 1790, c. 9, § 29. The motions were argued at length by them, and replied to by Mr. Blake, U. S. Dist. Atty. The arguments are so fully considered by the court, that it is unnecessary to…
1Opinion of the Court
STORY, Ciredit Justice.
If the court entertained the slightest doubt upon the present question, as it is a capital case, we should take further time for deliberation. But having carefully examined all the authorities which have been cited, and deliberately considered them, I shall now proceed to state the opinion which we have formed. The point submitted is, that the prisoner was entitled of right to a copy of the indictment, two days, at least, before his arraignment thereon; that no copy' was in fact furnished him, until after his arraignment; and that this omission now entitles him to have…
2Cases cited2 opinions
- Commonwealth v. HardyMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1807
3Cited by27 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- Wilson v. United StatesSupreme Court of the United States · 1911
- Wilson v. United StatesSupreme Court of the United States · 1910
- Byers v. StateSupreme Court of Alabama · 1894
- United States v. TaylorDistrict Court, D. Kansas · 1882
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