28 F. Cas. 1301
U.S. District Court
Decided December 15, 1802
U.S. District Court · decided 1802-12-15
Trespass for breaking up a scow. THE COURT instructed the jury that if the defendant, knowing that Tuel committed a trespass in taking and breaking up a scow of the plaintiff, received from Tuel the timbers and planks of the scow, knowing them to be the property of the plaintiff, which had been so taken, he is answerable in this action, being equally, as guilty as Tuel. moved the court to instruct the jury, that if they should be of opinion that the defendant did not receive…
Decided 1802-12-15
¶1(This opinion was grounded upon the principle that in trespass there are no accessories; and that in a case where a person would be an accessory in felony, he will be a. principal in trespass.)
¶2was inclined to give the instruction as prayed.
¶3contra, that the act shall relate back to the time of the principal trespass. (Qutere.)
¶4Verdict for the defendant.