United States v. McCormick

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

United States v. McCormick

26 F. Cas. 1059, 1 Cranch 106

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

DecidedDecember 15, 1802

StatusPublished

This text of 26 F. Cas. 1059 (United States v. McCormick) 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. McCormick, 26 F. Cas. 1059, 1 Cranch 106 (circtddc 1802).

Pincite

Opinion

KILTY, Chief Judge,

was decidedly of opinion that it was not necessary to prove that the traverser knew she was under age. It was his duty to know it. The law was intended to punish his negligence as well as his guilt. He takes the risk upon himself,' if he marries without the consent of tbe parent.

CRANCH. Circuit Judge,

inclined to be of the same opinion, but expressed a wish that the point might be argued, upon a motion for a new trial, if the verdict should be against the traverser.

Verdict for the United States.

A motion was made for a new trial, but was afterwards withdrawn, and a. motion made in arrest of judgment (1) because the indictment does not aver that the traverser was a minister, or person capable of legally joining persons- in marriage, at the time of the offence; (2) because it does not aver that the marriage was without the consent of the guardian.

Adjourned for argument. See U. S. v. McCormick [Case No. 15,603].

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