United States v. Armstrong
U.S. Circuit Court for the District of Massachusetts
The prisoner [James H. Armstrong] was indicted for the murder of William Thompson, by wilfully and maliciously striking him on the head with a hatchet, while on the high seas, on board a vessel of the United States called the bark Kelly, of which wound Thompson afterwards died on shore within the United States.
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The prisoner [James H. Armstrong] was indicted for the murder of William Thompson, by wilfully and maliciously striking him on the head with a hatchet, while on the high seas, on board a vessel of the United States called the bark Kelly, of which wound Thompson afterwards died on shore within the United States. It appeared in evidence, that Thompson was mate, and the prisoner cook of the bark; and that early in the morning of the 22d day of July, 1855, some words passed between the mate and the cook in consequence of the failure of the latter to get up and come to the galley promptly when…
1Opinion of the Court
*865In summing up the following instructions were given: ‘
CURTIS, Circuit Justice
(charging jury). In the ease of U. S. v. Mingo [Case No. 15,781], tried here at the May term, 1855, this court, after careful consideration, laid down the rule, that whether the crime be murder or manslaughter, is not to be decided upon any presumption arising from the mere fact of killing; but that the government, besides proving the homicide, must offer sufficient legal evidence that the killing was malicious. And if, upon the whole evidence, the jury have reasonable doubt whether the killing was from malice, they…
2Cited by8 opinions
- In re GreeneU.S. Circuit Court for the District of Ohio · 1892
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
- United States v. PattonCourt of Appeals for the Third Circuit · 1941
- State v. MagersOregon Supreme Court · 1899
- Levinson v. United StatesCourt of Appeals for the Sixth Circuit · 1931
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