Andersen v. United States

Citations

• 170 U.S. 481
• 18 S. Ct. 689
• 42 L. Ed. 1116
• 1898 U.S. LEXIS 1559

Syllabus

<p>The indictment in this case, which is set forth at length in the statement of the case, alleged the murder to have been committed “ on the high seas, and within the jurisdiction of this court, and within the admiralty and maritime jurisdiction of the said United States of America, arid out of the jurisdiction of any particular State of the said United States of America, in and on board of a certain American vessel:” Held, that nothing more was required to show the locality of the offence.</p> <p>The indictment was claimed to be demurrable because it charged the homicide to have been caused by shooting and drowning, means inconsistent with each other, and not of the same species. Held, that the indictment-was sufficient, and was not objectionable on the ground of duplicity or uncertainty.</p> <p>There was no irregularity in summoning and empanelling the jury.</p> <p>There was no error in permitting the builder of the vessel on which the crime was alleged to have taken place, to testify as. to its general character and situation. . ' . ■</p> <p>As there was nothing to indicate that antecedent conduct of the captain, an account of which was offered in evidence, .was so connected with the killing of the mate as to form part of the res gestee, or that it could have any legitimate tendency'to justify, excuse or mitigate the crime for the commission of which he was-on trial, there was no error in excluding the evidence relating to it.</p> <p>After the Government had closed its case in chief, defendant’s counsel moved that a verdict of not guilty be directed, because the indictment charged that the mate met his death by drowning, whereas tile proof ' showed that his death resulted from the pistol shots. Held, that there was no error in denying this motion.</p> <p>While a homicide, committed in actual defence of life or limb, is excusable if it appear that the slayer was acting under, a reasonable belief that he was in imminent danger of death or great bodily harm from th