United States v. Faw
U.S. Circuit Court for the District of District of Columbia
Indictment for misdemeanor in office of justice of the peace in taking the personal recognizance of Harry Allen, in the sum of one hundred dollars, charged with theft of goods to the amount of sixty dollars, and receiving one hundred dollars in cash in lieu of bail of security. contended that the justice acted judicially, and that it was an error in judgment for which he is not liable to answer criminally, and that he lias a right to take the money; and cited Cro.
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Indictment for misdemeanor in office of justice of the peace in taking the personal recognizance of Harry Allen, in the sum of one hundred dollars, charged with theft of goods to the amount of sixty dollars, and receiving one hundred dollars in cash in lieu of bail of security. contended that the justice acted judicially, and that it was an error in judgment for which he is not liable to answer criminally, and that he lias a right to take the money; and cited Cro. Car. 44G. contended that it is not necessary to show a corrupt motive, but that the defendant is liable for gross ignorance. He…
1Opinion of the Court
THE COURT (DUCKETT, Circuit Judge, absent)
said they had no doubt on those points. The justice of peace cannot discharge after commitment for trial, nor can he take money in lieu of bail.
THE COURT (DUCKETT, Circuit Judge, absent) instructed the jury that unless they should be satisfied that the acts were done contemptuously, wilfully, and with an evil intent, they ought not to find the defendant guilty. (The words “wilfully” and “contemptuously” were used in the indictment.) The jury found a special verdict, that Faw acted illegally, in taking the money in lieu of bail, and in discharging the…
2Cited by5 opinions
- Brittan Holland v. Kelly RosenCourt of Appeals for the Third Circuit · 2018
- Gray v. State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1965
- Appelgate v. YoungSupreme Court of Kansas · 1900
- Commonwealth v. SitlerSupreme Court of Pennsylvania · 1918
- Gray v. State Ex Rel. Attorney GeneralSupreme Court of Alabama · 1965