United States v. Lindsay

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

United States v. Lindsay

26 F. Cas. 971, 1 Cranch 245

CourtU.S. Circuit Court for the District of District of Columbia

DecidedJuly 15, 1805

StatusPublished

This text of 26 F. Cas. 971 (United States v. Lindsay) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Lindsay, 26 F. Cas. 971, 1 Cranch 245 (circtddc 1805).

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Opinion

THE COURT

was of opinion, that the indictment does not sufficiently set forth any offence under either of the acts of Maryland, cited 1723, c. 16, § 11, and 1784, c. 7, § 12, and the traverser cannot be convicted thereon, or made liable to the penalties contained therein. But the indictment also states an offence at common law, and although the defendant may not be brought within the statute or statutes against the form of which the indictment concludes, the prosecutor may resort to the offence at common law; and, on this point, THE COURT was of opinion, that the practice of selling spirituous liquors in a public manner to negroes assembled in considerable numbers, and suffering them to drink the same in or about the house on a Sabbath day, constitutes the offence of keeping a disorderly house. See, also, the case of U. S. v. Coulter [Case No. 14,875], and U. S. v. Prout [Id. 16,093].

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THE COURT

was of opinion, that the indictment does not sufficiently set forth any offence under either of the acts of Maryland, cited 1723, c. 16, § 11, and 1784, c. 7, § 12, and the traverser cannot be convicted thereon, or made liable to the penalties contained therein. But the indictment also states an offence at common law, and although the defendant may not be brought within the statute or statutes against the form of which the indictment concludes, the prosecutor may resort to the offence at common law; and, on this point, THE COURT was of opinion, that the practice of selling spirituous liquors in a public manner to negroes assembled in considerable numbers, and suffering them to drink the same in or about the house on a Sabbath day, constitutes the offence of keeping a disorderly house. See, also, the case of U. S. v. Coulter [Case No. 14,875], and U. S. v. Prout [Id. 16,093].

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Bluebook (online)

26 F. Cas. 971, 1 Cranch 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lindsay-circtddc-1805.