Source: United States Circuit Court of the District of Columbia
Date: 1836-10-01
Jurisdiction: United States
Citation: 28 F. Cas. 19 · 4 Cranch, C. C. 731
Opinion
But THE COURT (THRUSTON. Circuit Judge, contrá) refused to hear the motion until the defendant should be taken. The defendant being now taken, Mr. Neale moved the court to quash the indictment, upon the ground that the only mode of recovery of the penalty prescribed by the statute is by a conviction before a justice of the peace; according to the case of U. S. v. Simms, 1 Cranch [5 U. S.] 252. And upon that ground THE COURT quashed the indictment.