United States v. Benner

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

Opinion

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.