United States v. Davis

U.S. Circuit Court for the District of Southern New York

United States v. Davis

25 F. Cas. 784, 2 N.Y. Leg. Obs. 35, 1841 U.S. App. LEXIS 323

CourtU.S. Circuit Court for the District of Southern New York

DecidedAugust 5, 1841

StatusPublished

Cited by1 cases

This text of 25 F. Cas. 784 (United States v. Davis) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Davis, 25 F. Cas. 784, 2 N.Y. Leg. Obs. 35, 1841 U.S. App. LEXIS 323 (circtsdny 1841).

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Opinion

THE COURT

thereupon, after the summing up of the respective counsel, charged the jury: (1) That it must be proved to their satisfaction that a larceny had. been committed, and if they believed the testimony in this cause, there could be no doubt on this point. (2) That it must have been committed on the high seas and on board of an American vessel; and it was a question of fact for them to determine from the evidence whether the property stolen had been taken ■while the vessel lay at the port of Savannah or upon the high seas. If they found that the goods were stolen while the vessel was on the high seas, they would be bound to convict the prisoners; but if the goods were taken while the vessel lay at the port of Savannah, in the state of Georgia, although, the prisoner morally was guilty of the larceny, he could not be punished by this court, under the aet of congress, as the statute had not conferred jurisdiction upon this court, and the jury would be bound under the latter hypothesis to acquit the prisoner."

The cause was then submitted to the jury, who retired and returned a verdict of “Not guilty,” whereupon the prisoner was discharged.

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THE COURT

thereupon, after the summing up of the respective counsel, charged the jury: (1) That it must be proved to their satisfaction that a larceny had. been committed, and if they believed the testimony in this cause, there could be no doubt on this point. (2) That it must have been committed on the high seas and on board of an American vessel; and it was a question of fact for them to determine from the evidence whether the property stolen had been taken ■while the vessel lay at the port of Savannah or upon the high seas. If they found that the goods were stolen while the vessel was on the high seas, they would be bound to convict the prisoners; but if the goods were taken while the vessel lay at the port of Savannah, in the state of Georgia, although, the prisoner morally was guilty of the larceny, he could not be punished by this court, under the aet of congress, as the statute had not conferred jurisdiction upon this court, and the jury would be bound under the latter hypothesis to acquit the prisoner."

The cause was then submitted to the jury, who retired and returned a verdict of “Not guilty,” whereupon the prisoner was discharged.

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Bluebook (online)

25 F. Cas. 784, 2 N.Y. Leg. Obs. 35, 1841 U.S. App. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-davis-circtsdny-1841.

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