United States v. Passmore
U.S. Circuit Court for the District of Pennsylvania
The defendant, who had become bankrupt, was prosecuted by indictment, containing two counts, for perjury, in swearing before the commissioners, on the 20th day of September, 1803, that he “could not tell exactly the time, but believed it was the latter (end) of 1799, that he first owned the brig Abigail. He ceased to own her, he rather thought, in the year 1800,” when In truth and in fact he never did own her, but had covered the property for an alien under his name.
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The defendant, who had become bankrupt, was prosecuted by indictment, containing two counts, for perjury, in swearing before the commissioners, on the 20th day of September, 1803, that he “could not tell exactly the time, but believed it was the latter (end) of 1799, that he first owned the brig Abigail. He ceased to own her, he rather thought, in the year 1800,” when In truth and in fact he never did own her, but had covered the property for an alien under his name. He had before sworn, at the custom-house (on the 31st of July, 1799) that he “was the true and only owner of the brig Abigail;…
1Opinion of the Court
WASHINGTON, Circuit Justice,
delivered the charge of the court at large, upon the points of law; but cautiously abstained from giving any opinion upon the facts. He considered the repealing act, as an absolute bar to the prosecution; and told the jury, expressly, that the defendant was, on that ground alone, independent of any question upon the merits, entitled to an acquittal.
On this charge, the jury immediately found a verdict of not guilty.
2Cited by1 opinion
- The United States v. Thomas PassmoreSupreme Court of the United States · 1804