American Criminal Reports; A Series Designed to Contain the Latest and Most Important Criminal Cases Determined in the Federal and State Courts in the United States, as Well as Selected Cases, Important to American Lawyers, from Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... Moncure, President, says: ' The indictment is too vagne; it ought to show what kind of United States currency was obtained," but he does not say that it ought further to show the number of notes stolen. The indictment we have under consideration does not show the kind of currency which was obtained. I am of opinion that the Circuit Court did not err in refusing to quash the indictment in this case or any of the counts. It is, therefore, unnecessary to consider whether the verdict of the jury could have been sustained, if any one of the counts in the indictment had been fatally defective, or whether a conviction could have been based on the last count alone, if the other four had been fatally defective. These questions have been argued before this court; but in the view I take of this case, they are not fairly presented by the record, and are not, therefore considered. The next question which is presented for our consideration by the record is, did the court err in rejecting the first instruction asked by the defendant's counsel? The instmction is set forth at length in the statement of the case which I have prepared, and which is prefixed to this opinion as part of it. The first objection urged to this instruction is, that there was no evidence tending to prove the facts sct forth in it, upon the belief of which, by the jury, the instruction is based. The bill of exceptions to the refusal to give this instruction sets forth the testimony in th" case, and shows distinctly that there was evidence tending to prove all the facts, on the belief of which, by the jury, the instmction is based. The fact that Coffman had assigned the single bill to Amanda G. Hurst, wife of the prisoner, for a valuable consideration, and, as an inducement to get...