Legal Opinion

Anonymous

United States Circuit Court

Decided April 15, 1804PublishedCited by 4 opinions

At law. The defendant was indicted for perjury committed before the commissioners of bankrupts, where, being asked, “at what time did you own the brig Abigail, and when did you cease to own her,” answered, on oath, “I cannot tell exactly the time; I believe it was at the latter end of 1799 that I first owned her; I ceased to own her, I rather think, in the year 1S00.” Whereas in truth and in fact, the said defendant never did own the said brig at any time during the year…

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At law. The defendant was indicted for perjury committed before the commissioners of bankrupts, where, being asked, “at what time did you own the brig Abigail, and when did you cease to own her,” answered, on oath, “I cannot tell exactly the time; I believe it was at the latter end of 1799 that I first owned her; I ceased to own her, I rather think, in the year 1S00.” Whereas in truth and in fact, the said defendant never did own the said brig at any time during the year 1799, or before or after." The first count laid the offence against the bankrupt law, and the second against the general…

1Opinion of the Court

WASHINGTON, Circuit Justice,

charged the jury. As it is the opinion of the court, that the law is in favour of the defendant, I shall spare the jury and myself the trouble of going through the evidence. If, in the opinion of the jury, it is insufficient to establish the fact against the defendant, I would not wish to disturb that opinion; if it has a different operation, I shall not press it against him. But I must notice one of the observations made by Mr. Dickerson, lest those who heard it might suppose it had received the countenance of this court; and it is this, that the defendant, having…

2Cited by4 opinions

  1. Engle v. ShurtsMichigan Supreme Court · 1848
  2. Rice v. WrightMississippi Supreme Court · 1872
  3. Leach v. KenyonNew York Supreme Court · 1933
  4. United States v. Jeffrey FortenberryCourt of Appeals for the Ninth Circuit · 2023

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