Legal Opinion

Virginia v. Gordon

U.S. Circuit Court for the District of District of Columbia

Decided January 15, 1802PublishedCited by 1 opinion

Information for retailing liquors, &e. The witness, Michael Stieber, testified that he bought liquor of the defendant [Robert Gordon] about three weeks before he gave evidence to the grand jury who found the presentment upon which this information was filed; and that he never gave evidence before them against the defendant but once. offered to prove the time of his being sworn to the grand jury by the record of the presentment, which states it to be made on the information…

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Information for retailing liquors, &e. The witness, Michael Stieber, testified that he bought liquor of the defendant [Robert Gordon] about three weeks before he gave evidence to the grand jury who found the presentment upon which this information was filed; and that he never gave evidence before them against the defendant but once. offered to prove the time of his being sworn to the grand jury by the record of the presentment, which states it to be made on the information of Michael Stieber, the present witness.

1Opinion of the Court

On considering the act of 1795 making, it a part of the duty of the grand jury to indorse on the presentment the name of the person on whose information it was found, THE COURT permitted the record to go in evidence to the jury to prove the time when the witness testified to the grand jury.

MARSHALL, Circuit Judge, doubting.

2Cited by1 opinion

  1. Taylor v. Board of EducationWest Virginia Supreme Court · 1931