U.S. Circuit Court for the District of District of Columbia, 1837

United States v. Benner

U.S. Circuit Court for the District of District of Columbia · Decided November 15, 1837 · Cranch, Morsell

5 D.C. 347; 24 F. Cas. 1089; 5 Cranch 347

Opinion of the Court

Morsell, J.,

was of opinion that the instruction ought to be given.

Cranch, C. J.,

had strong doubts; but agreed to give it, and

leave the defendant to move for a new trial if the verdict should be against him.

The Court, therefore (Thruston, J., absent,) gave the instruction as moved by Mr. Key.

Verdict, not guilty.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.