United States v. Ruggles
U.S. Circuit Court for the District of Rhode Island
' Indictment [against Spencer Ruggles] for maliciously forcing a mariner on shore in a foreign port, contrary to the tenth section of the-act of 1S25, c. 276 [3 Story’s Laws, 2001; c. 65, 4 Stat 117]. Plea, not gnilty. The cause turned principally on matters of fact at the trial. Upon the summing up to the jury, the following opinion was delivered as to the construction of the statute:
1Opinion of the Court
STORY, Circuit Justice.
The words of the act of congress are, that “if any master, &e. shall, during his being abroad, maliciously and without any justifiable cause, force any officer or mariner of such ship, &c. on shore, &e. he shall, on conviction thereof, be punished by fine, &c.” To constitute the offence, both facts must concur. It is not sufficient, that there is no justifiable,cause for the act; it must also be maliciously done. If therefore the jury should come to the conclusion, that there has been no justifiable cause, still they must be satisfied further, that the act has been…
2Cited by3 opinions
- Wills v. NoyesMassachusetts Supreme Judicial Court · 1832
- Buddington v. SmithSupreme Court of Connecticut · 1839
- Latty v. Emergency Fleet Corp.District Court, D. Massachusetts · 1922