United States v. Omeara

27 F. Cas. 236, 1 Cranch 165

This text of 27 F. Cas. 236 (United States v. Omeara) 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. Omeara, 27 F. Cas. 236, 1 Cranch 165 (circtddc 1804).

Opinion

THE COURT

decided, that the words which the defendant spoke accompanying his actions, should be given in evidence against him, to show the intention of the defendant in his interference and in aggravation of the penalty.

Mr. Mason prayed the court to instruct the jury that Orneara, being in custody of Aber-crombie, under the order of Mr. Hoffman, was also in his custody under the warrant of Mr. Faw, although he did not inform the prisoner that he arrested him on that warrant.

Mr. Taylor, for defendant cited Countess of Rutland’s Case, 6 Coke, 54, that it is necessary to inform the person arrested that he is arrested under a particular warrant, or he cannot be held under it

THE COURT gave the instruction as prayed by Mr. Mason.

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Bluebook (online)
27 F. Cas. 236, 1 Cranch 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-omeara-circtddc-1804.