¶1was of opinion that the prisoner could not be punished under that act, because there was no averment of loss of service; which averment the Court, on the trial, had deemed so necessary that they had instructed the jury that the United States could not recover upon the count founded thereon.
4 D.C. 301
United States v. Prout
Decided March 15, 1833
The defendant was tried, upon two indictments, by the same jury- The first indictment was for forging a certificate of freedom under the seal of this Court. Upon the trial, Mr. Key (United States Attorney) offered to show to the jury, the prisoner’s signature, written in the presence of the marshal, and to allow them to compare it with the handwriting of the forged certificate, and cited 4 Starkie on Ev. 570. But the Court (nem. con.) rejected the evidence.
Decided 1833-03-15