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The United States vs. Moses Terrel and Daniel Newman

Arkansas Circuit Court1840-04
1 Ark. Terr. Rep. 422

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Opinion oe the Court. —■ This case stands on the same footing as the one against Moses Terrel, just determined, and the same reasons for arresting the judgment apply.

There is no law at present to punish the offence when oc curring upon land; and it rests with congress to provide a remedy. Assault with intent to bill, if committed on the “ high seas” or within any place within the admiralty jurisdiction, and out of the jurisdiction of any particular State, is undoubtedly punishable in the courts of the United States, by fine and imprisonment, and confinement to hard labor. That is the only law on the subject, and it has no application to this case. Gordon’s Digest, 939.

Judgment arrested, and defendants discharged.