Van Schaick v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United. States for the Southern District of New York. On writ of error to the Circuit Court for the Southern District of New York to review a judgment entered upon the verdict of a jury finding the • defendant guilty under the third count of the indictment which charges him with misconduct, negligence and inattention to duty under section 5344 of the U. S. Revised Statutes (U. S. Comp.
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In Error to the Circuit Court of the United. States for the Southern District of New York. On writ of error to the Circuit Court for the Southern District of New York to review a judgment entered upon the verdict of a jury finding the • defendant guilty under the third count of the indictment which charges him with misconduct, negligence and inattention to duty under section 5344 of the U. S. Revised Statutes (U. S. Comp. St. 1901, p. 3629), while acting as master of the steamer General Slocum. The opinion of the Circuit Court overruling demurrer to indictment is reported in 134 Fed. 592.
1Opinion of the Court
COXE, Circuit Judge.
The statute under which the indictment was drawn, in so far as it is necessary to consider it here, provides that every captain on any steamboat by whose misconduct, negligence or inattention to his duties on such vessel, the life of any person is destroyed, shall be deemed guilty of manslaughter. The defendant was convicted under the third count of the indictment which charges that from May 6, 1904, to and including June 15, 1904, he was master of steamboat General Slocum, a vessel authorized to navigate the bay and harbor of New York, rivers tributary thereto, Long…
2Cases cited4 opinions
- Crumpton v. United StatesSupreme Court of the United States · 1891
- United States v. Van SchaickU.S. Circuit Court for the District of Southern New York · 1904
- United States v. KellerU.S. Circuit Court for the District of West Virginia · 1884
- United States v. HolmesU.S. Circuit Court for the District of Northern Ohio · 1900
3Cited by6 opinions
- United States v. Robert KaluzaCourt of Appeals for the Fifth Circuit · 2015
- United States v. O'KeefeCourt of Appeals for the Fifth Circuit · 2005
- United States v. Lee Peng Fei, AKA Ma Lee, AKA Char LeeCourt of Appeals for the Second Circuit · 2000
- United States v. MecklingDistrict Court, D. Maryland · 1956
- United States v. BoylanCourt of Appeals for the Ninth Circuit · 2026
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