United States v. Jenkins
U.S. Circuit Court for the District of Southern New York
The defendants were indicted for an endeavor to make a revolt on board the whaling ship Georgia, of New London, Captain J. P. Hall. She was regularly registered as an American vessel, but not licensed, and was on a'fishing voyage in the South Atlantic Ocean, when the offence occurred.
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The defendants were indicted for an endeavor to make a revolt on board the whaling ship Georgia, of New London, Captain J. P. Hall. She was regularly registered as an American vessel, but not licensed, and was on a'fishing voyage in the South Atlantic Ocean, when the offence occurred. Evidence was adduced on the part of the prosecution which proved that the prisoners had refused to obey the captain’s orders, and acted in such a way as to clearly come under the legal definition of attempting to make a revolt. raised two objections: First, that the United States district attorney must prove the…
1Opinion of the CourtBetts, District Judge
(charging jury). The defendants have put in only a general plea of not guilty, but they have also a right to avail themselves of anything which goes to show they are not guilty. It is, therefore, not sufficient merely to prove their conduct criminal, in the abstract, but it must be also showD that the act which they have committed is made criminal by law.
The defendants ■ now take the ground, that the duty, an alleged breach of which they are being tried for, was not obligatory on them, and that, therefore, this court has no jurisdiction-over them, and cannot take cognizance of their conduct,…
2Cited by2 opinions
- The AltaCourt of Appeals for the Ninth Circuit · 1905
- Gerradin v. United Fruit Co.District Court, E.D. New York · 1931