Congressional Edition Volume 5788

Congressional Edition Volume 5788

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...the finding of guilt on the counts or charges above considered, is sufficient to support the judgment of the court, and the penalty imposed is not greater than could have been inflicted had they constituted the only offenses charged, it will not be necessary to consider the other offenses charged in the petition of which the defendants were found guilty. In a criminal proceeding where the accused is found guilty as charged under an indictment containing numerous counts, the judgment will not be reversed, though some of the counts are bad, if the good ones are sufficient to support the judgment. In Claasen v. United States, 142 U. S., 140, where the defendant had been convicted of embezzlement on five different counts, the court considered the first count, which it found to bo sufficient to support the verdict, and refused to consider the other counts, stating: "This count and the verdict of guilty returned upon it being sufficient to support the judgment and sentence, the question of the sufficiency of the other counts need not be considered. In criminal cases, the feneral rule, as stated by Lord Mansfield before the Declaration of ndependence, is, 'that if there is any one count to support the verdict, it shall stand good, notwithstanding all the rest are Dad.' (Peak(c) v. Oldham, Cowper, 275, 276; Rex v. Benfield, 2 Bur., 980, 985. See, also, Grant v. Astle, 2 Doug., 722, 730.) And it is settled law in this court, and in this country generally, that in any criminal case a general verdict and judgment on an indictment or information containing several counts can not be reversed on error, if any one of the counts 38697--No. 86--10 24 is good and warrants the judgment, because, in the absence of anything in the record to show the contrary, .show more

Product details

  • Paperback | 314 pages
  • 189 x 246 x 17mm | 562g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236497236
  • 9781236497239