United States v. Warner
U.S. Circuit Court for the District of Ohio
The defendants, viz. [Henry R.] Warner, as captain, [Cyrenius H.] Wishue as first mate, [Raymo] Demond as second mate, and [John] Kirby as wheelsman of the steamboat Chesapeake, then navigating Lake Erie, were-; jointly indicted for manslaughter, under the i 12th section of the act of congress of the 7th of July, 1838, entitled, “An act to provide for the better security of the lives of passengers, on board of vessels propelled in whole or in part by steam.” 5 Stat. 304.…
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The defendants, viz. [Henry R.] Warner, as captain, [Cyrenius H.] Wishue as first mate, [Raymo] Demond as second mate, and [John] Kirby as wheelsman of the steamboat Chesapeake, then navigating Lake Erie, were-; jointly indicted for manslaughter, under the i 12th section of the act of congress of the 7th of July, 1838, entitled, “An act to provide for the better security of the lives of passengers, on board of vessels propelled in whole or in part by steam.” 5 Stat. 304. This sec- ! tion is in these words: “That every captain, j engineer, pilot or other persons, employed I on board of any…
1Opinion of the Court
[THE COURT overruled the motion to quash; stating that, as all the grounds urged could be brought up hereafter on a motion to arrest judgment, if the result of the trial should render it expedient, it was not necessary now to go fully into their consideration. The court intimated, however, that the first count was defective on account of its vagueness and generality; and, also, that those counts were objectionable which did not describe the mode by which the persons alleged to have lost their lives caii.3 to their death; but, this latter objection nr. applying to the second count, and that…
2Cited by10 opinions
- United States v. Robert KaluzaCourt of Appeals for the Fifth Circuit · 2015
- State v. ShelledySupreme Court of Iowa · 1859
- Buffham v. City of RacineWisconsin Supreme Court · 1870
- United States v. LaBrecqueDistrict Court, D. New Jersey · 1976
- United States v. HolmesU.S. Circuit Court for the District of Northern Ohio · 1900
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