Reports of Cases Argued and Determined in the United States Superior Court for the Territory of Arkansas, from 1820 to 1836; And in the United States District Court for the District of Arkansas, from 1836 to 1849; And in the United
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...United States; F. W. Tmpnall and John W. Cocke, for the defendant. The jury found the defendant guilty in manner and form as alleged in the indictment, and _he filed a motion in arrest of judgment, on the principal ground that there was no law of congress punishing robbery committed on land, and that the court had no jurisdiction of the offence; and this motion was argued by the counsel respectively. The COURT said, it was not to be doubted that the only authority which this court had to try and punish offences was derived from acts of congress; for although the courts of the United States might, in the absence of statutory provisions, look to the common law for rules to guide them in the exercise of their powers, in criminal as well as civil causes, yet it is to the statutes of the United States, enacted in pursuance of the constitution, that these courts must resort to determine what constitutes an offence against the United States, and whether committed on the land or the "high seas." The United States have no unwritten criminal code, to which resort can be had as a source of jurisdiction, but as was said in The United States v. Hudson (7 Cranch, 32; 2 Cond. Rep. 406), "the legislative authority of the Union must first make an act a crime, affix a punishment to it, and declare the court that shall have jurisdiction of the offence," before cognizance can be taken of it. Referring to the statutes of the United States to ascertain what offences on land are punishable, it will be perceived that they are few, and that the crime of robbery is not among them. This is an indictment for robbery. Of larceny, this court has cognizance (Gordon's Digest, 939); and although it is true that every robbery includes a...
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