2 U.S. 189
Supreme Court of the United States
Decided January 1, 1792
Supreme Court of the United States · decided 1792
THE defendant was indicted for a libel; and at the last Nisi Prius, retracted his plea and submitted, protesting his innocence, &c. He now appeared to receive judgment, and his own affidavit was offered to be read in mitigation of the fine.
Cited by 2 later decisions (1 by the Supreme Court) — most recently March 1845
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1792
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¶1THE defendant was indicted for a libel; and at the last Nisi Prius, retracted his plea and submitted, protesting his innocence, &c. He now appeared to receive judgment, and his own affidavit was offered to be read in mitigation of the fine.
¶2But,
¶4—It has been usual to hear the defendant without oath ; but we have never known his affidavit received, although it goes only in mitigation of the fine.
¶5Affidavit refused.