Source: United States Circuit Court of the District of Columbia
Date: 1836-03-01
Jurisdiction: United States
Citation: 27 F. Cas. 1157 · 4 Cranch, C. C. 727
Opinion
THE COURT (MORSELL, Circuit Judge, absent) instructed the jury, that as tbe indictment did not describe an indictable of-fence, and the justice had discretion as to the amount, no corrupt motive can be imputed to him from the smallness of the bail taken. It was not an illegal act, and therefore the motive is immaterial. And CRANCH, Chief Judge, added, that if any corrupt act was done to obstruct the due' course of justice, it might be the ground of a separate count, or indictment; but upon this count the act of taking the bail in 820 only, not being illegal, the court will not admit evidence of a corrupt motive.