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25 F. Cas. 673

United States v. Cottingham

U.S. District Court

Decided October 20, 1852

U.S. District Court · decided 1852-10-20

This was an indictment against [George Cot-üngham] a clerk in the post office at Albany, New-York, under the 21st section of the act of March 3, 1825 (4 Stat. 107), for opening a letter and stealing money therefrom. The punishment fixed by law for the offence was imprisonment for not less than ten nor more than twenty-one years.

Decided 1852-10-20

THE COURT

¶1decided that the prisoner had no right to any of the peremptory challenges claimed, because such challenges were not allowed at common law in any other than capital cases. See note to U. S. v. Reed [Case No. 16,134.]

¶2It also charged the jury that the purpose for- which the letter from which the money was taken was mailed, was not a question un-' der the act.

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