United States v. Passmore
United States Circuit Court
The defendant, who had become bankrupt, was prosecuted by indictment, containing two counts, for perjury, in swearing before the commissioners, on the 20th day of September 1803, that he “ could not tell exactly the time, but believed it was the latter (end) of 1799, that he first owned the brig Abigail. He ceased to own her, he rather thought, in the year 1800,” when, in truth and in fact, he never did own her, but had covered the property for an alien under Ms name.
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The defendant, who had become bankrupt, was prosecuted by indictment, containing two counts, for perjury, in swearing before the commissioners, on the 20th day of September 1803, that he “ could not tell exactly the time, but believed it was the latter (end) of 1799, that he first owned the brig Abigail. He ceased to own her, he rather thought, in the year 1800,” when, in truth and in fact, he never did own her, but had covered the property for an alien under Ms name. He had before sworn at the customhouse (on the 31st of July 1799), that he “was the true and only owner of the brig Abigail;…
1Opinion of the Court
Washington, Justice,
delivered the charge of the court at large, upon the points of law; but cautiously abstained from giving any opinion upon the facts. He considered the repealing act as an absolute bar to the prosecution; and told the jury, expressly, that the defendant was, on that ground alone, independent of any question upon the merits, entitled to an acquittal.
On this charge, the jury immediately found a verdict of not guilty.
2Cited by1 opinion
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