Legal Opinion

United States v. Gibert

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1834PublishedCited by 59 opinions

Indictment against Pedro Gibert, Bernardo de Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo de Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velasquez, Juan Montenegro, otherwise called “Jose Basilio de Castro,” part of the officers and crew of the Spanish schooner Panda, for robbery on the high seas, committed on board the American "brig- Mexican. The brig Mexican belonged to Salem, and was owned by Joseph Peabody.

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Indictment against Pedro Gibert, Bernardo de Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo de Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velasquez, Juan Montenegro, otherwise called “Jose Basilio de Castro,” part of the officers and crew of the Spanish schooner Panda, for robbery on the high seas, committed on board the American "brig- Mexican. The brig Mexican belonged to Salem, and was owned by Joseph Peabody. It sailed from Salem for Rio Janeiro on. the 29th August, 1832, under the command of Captain Butman; having on board a valuable…

1Opinion of the Court

STORY, Circuit Justice,

in summing up the-case at the trial, stated as follows. Before I proceed to the facts of the case, it seems proper to take notice of several cases, which have been cited at the bar, to show the danger-in capital eases, of relying on presumptive evidence as sufficient proof of guilt. Those cases may be said to constitute the commonplaces of the law, in trials of this sort, always resorted to, to create doubts in the minds of the jury, and to shake our confidence in human testimony. If these cases (some of which, there may be reason to doubt, whether they are founded in…

2Cases cited12 opinions

  1. People v. GoodwinNew York Supreme Court · 1820
  2. People v. OlcottNew York Supreme Court · 1801
  3. People v. DouglassNew York Supreme Court · 1825
  4. the People v. Ransom.New York Supreme Court · 1831
  5. People v. M'KayNew York Supreme Court · 1820

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3Cited by59 opinions

  1. Green v. United StatesSupreme Court of the United States · 1957
  2. United States v. WilsonSupreme Court of the United States · 1975
  3. Singer v. United StatesSupreme Court of the United States · 1965
  4. State v. NicelyOhio Supreme Court · 1988
  5. United States v. Robert Peter RussellCourt of Appeals for the Fourth Circuit · 1992

54 more not listed; retrieve them via the Exa API.

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