United States v. Mayo
U.S. Circuit Court for the District of Massachusetts
Mr. Dodge moved to be allowed to plead to the indictment, which was for beating a seaman, in the absence of the defendant [Amariah Mayo]. He produced a special power of attorney from the defendant to himself, authorizing him to plead and defend at the trial, in the absence of the defendant; and also an affidavit, showing that the defendant was master of a vessel, bound on a voyage and ready for sea, when he was arrested; and that if he were to remain till the trial, he would…
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Mr. Dodge moved to be allowed to plead to the indictment, which was for beating a seaman, in the absence of the defendant [Amariah Mayo]. He produced a special power of attorney from the defendant to himself, authorizing him to plead and defend at the trial, in the absence of the defendant; and also an affidavit, showing that the defendant was master of a vessel, bound on a voyage and ready for sea, when he was arrested; and that if he were to remain till the trial, he would lose his voyage, and be subjected to much other inconvenience. The district attorney consented to the motion, stating…
1Opinion of the Court
CURTIS, Circuit Justice.
I have considered this motion with some care, as affecting the practice of the court; and I have also conferred with the district judge, who has had occasion, heretofore, to pass on similar questions. I will state the results at which we have arrived.
1. To save his recognizance, even in case of a misdemeanor, the defendant must appear personally.
2. He is liable to be called on his recognizance at any time, either on the motion of the district attorney, or by the order of the court, on its own motion, if it sees cause to direct it.
3. It is in the discretion of the…
2Cited by11 opinions
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- 3m Company v. Carol M. BrownerCourt of Appeals for the D.C. Circuit · 1994
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