United States v. Benner24 F. Cas. 1089 U.S. Circuit Court for the Dis...1837Check Treatment Morsell, J., was of opinion that the instruction ought to be given. Cranch, C. J., had strong doubts; but agreed to give it, and leave the defendant to move for a new trial if the verdict should be against him. The Court, therefore (Thruston, J., absent,) gave the instruction as moved by Mr. Key. Verdict, not guilty.
