United States v. Lee

OPINION OF THE COURT. The defendant was indicted for stealing from the mail. And having been used as a witness on the trial of Warner, an accomplice, a motion is now made that he be discharged on that ground. The prosecuting attorney opposes this motion on the ground that, at most, the defendant has only an equitable claim to a pardon, and that on this ground the cause may be delayed; but the defendant cannot be discharged. Rosc. Cr. Ev. 147; 2 Russ. Crimes, 598.

An accomplice is used by the government, because his evidence is necessary to a conviction. Being called as a witness, there is an…