Legal Opinion

United States v. Grush

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1829PublishedCited by 21 opinions

Indictment against the prisoner [Thomas Crush] for an assault on one Neil Lemon with a dangerous weapon, and with an intent to kill, founded on the act of congress of 1825. c. 276, § 22 [3 Story’s Laws. 2U06; 4 Stat. 121], The indictment contained several counts, in some of which the offence was alleged to be committed on the high seas, and in others in Massachusetts Bay. The prisoner pleaded not guilty, and was convicted of the offence by the jury.

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Indictment against the prisoner [Thomas Crush] for an assault on one Neil Lemon with a dangerous weapon, and with an intent to kill, founded on the act of congress of 1825. c. 276, § 22 [3 Story’s Laws. 2U06; 4 Stat. 121], The indictment contained several counts, in some of which the offence was alleged to be committed on the high seas, and in others in Massachusetts Bay. The prisoner pleaded not guilty, and was convicted of the offence by the jury. A motion for a new trial, on the ground of the want of jurisdiction of the court, was made, and also a motion in arrest of judgment. on the…

1Opinion of the Court

STORY, Circuit Justice.

It is agreed between the parties, that the place where the vessel, (the Pacific,) on board of which the offence was committed, lay at anchor at the time of the commission of the offence, was between Lovel's Island. George’s Island, and Gallop’s Island, which belong to the city of Boston, as part of its territorial limits. The tide ebbs and flows between these islands into what is called the inner harbour of Boston; and at all times of the tide there is a great depth of water there, the bottom or channel never being dry; and vessels at anchor there are constantly afloat…

2Cited by21 opinions

  1. United States v. RodgersSupreme Court of the United States · 1893
  2. Yoffee v. Pennsylvania Power & Light Co.Supreme Court of Pennsylvania · 1956
  3. United States v. WiltbergerSupreme Court of the United States · 1820
  4. In Re: Air Crash Off Long Island, New York, on July 17, 1996Court of Appeals for the Second Circuit · 2000
  5. State v. ConleySupreme Judicial Court of Maine · 1854

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