United States v. Smith
U.S. Circuit Court for the District of Massachusetts
Indictment [against Joseph P. Smith] on the second and third sections of the act of 20th April, 1818, c. 86, against the slave trade. This case was similar in most material respects to the preceding case of U. S. v. La Coste [Case No. 15,548]. A verdict of guilty was brought in by the jury, and motions for a new trial and in arrest of judgment on the same grounds as those in that case, were made by Hooper for the prisoner.
1Opinion of the Court
STORY, Circuit Justice.
Many of the objections taken to this indictment, have been already considered in the case of U. S. v. La Coste [supra], and need not be here re*1168examined. Those only will be taken notice of, which apply to the second count of the indictment, (which charges in substance, that the defendant on the high seas caused a certain vessel, &c. to sail from the port of Baltimore, &c. for the purpose of being engaged in the slave trade,) and which were not discussed in the other cause.
The first exception is to a supposed re-pugnancy in that part of the count, which avers, that before…
2Cited by3 opinions
- United States v. BehrmanSupreme Court of the United States · 1922
- People v. HawkinsMichigan Supreme Court · 1895
- United States v. MaloneU.S. Circuit Court for the District of Southern New York · 1881