Rose v. Kennedy

District of Columbia

Rose v. Kennedy

1 D.C. 29

CourtDistrict Court, District of Columbia

DecidedJuly 15, 1801

StatusPublished

This text of 1 D.C. 29 (Rose v. Kennedy) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rose v. Kennedy, 1 D.C. 29 (D.D.C. 1801).

Pincite

Opinion

But the Court refused to give that instruction, and directed it to be read to the jury, and instructed them that they might judge from that, and the testimony produced, whether the oath was taken or not.

Cranch, J.,

contra.

The paper is not in itself evidence that the oath, as prescribed, was taken. For when a magistrate undertakes to certify how he has administered an oath, the jury cannot, without proof, presume any thing not certified. They cannot say that, he administered the oath in any other form than he has certified.

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But the Court refused to give that instruction, and directed it to be read to the jury, and instructed them that they might judge from that, and the testimony produced, whether the oath was taken or not.

Cranch, J.,

contra.

The paper is not in itself evidence that the oath, as prescribed, was taken. For when a magistrate undertakes to certify how he has administered an oath, the jury cannot, without proof, presume any thing not certified. They cannot say that, he administered the oath in any other form than he has certified.

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Bluebook (online)

1 D.C. 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-v-kennedy-dcd-1801.