1 Hayw. & H.D.C. 90 | U.S. Circuit Court for the District of District of Columbia | 1842
The indictment charges in substance, tlnu the petitioner did feloniously steal, take and carry away four instruments in writing, each of the value of two dollars, of the goods and chattels of one Adams, and did feloniously steal, take and carry away four pieces of paper, being of the value of six and a quarter cents, of the goods and chattels of said Adams. The jury brought in a verdict of guilty. The defendant, by his attorney, moved that the verdict be quashed, being insufficient and erroneous. On due consideration the court overruled the motion and gave the following judgment: That the defendant pay a fine of eight dollars and be imprisoned in county jail for four months.
Before the jurors retired, the attorney for the defendant filed the following bill of exceptions: The United States proved by Adams, a competent witness, duly sworn in the cause, that on the afternoon of December 22, 1841, he was induced by the prisoner in accompany him to a certain stable for the purpose of examining a coat which the prisoner had offered to sell him very cheap: that before they entered the stable Jefferson Roach came in. and after some further conversation between the three concerning the coat, and promises on the part of Pye and Roach to produce the coat, Pye and Roach produced a pack of cards and played therewith; that Roach applied to said Adams for a loan of money to make a bet with Pye; that after much solicitation said Adams lent said Roach four two dollar orders of the Baltimore Company; that Roach and Pye immediately made a bet which Roach lost, and handed over to Pye the money he had borrowed from Adams, exclaiming to Adams. “He has won all my money and yours too. now what am I to do to pay you 7” that Ad
Whereupon, the prisoner, by his counsel, prayed the court to instruct the jury, that upon the evidence so offered by the United States, if believed to be true, the prisoner is entitled to an acquittal; which instructions the court refused to give; and the defendant excepts, and prays the court to sign and'seal this bill of exception, which is done accordingly, this 26th March, -1842.
James Dunlop.
On hearing the argument of the counsel for the defendant and of the attorney for the United States, THE COURT reversed the judgment of the criminal court.