United States v. Smith

Decided March 15, 1836

Indictment for taking insufficient bail upon a bench-warrant against Miller for “ keeping a certain gaming-table called a faro-bank.” prayed the Court to instruct the jury that the prosecution cannot be sustained, as this Court has quashed the original indictment against Miller, on the ground that it did not describe an indictable offence.

Decided 1836-03-15

The Court(Morsell, J., absent,)

¶1instructed the jury, that as the indictment did not describe an indictable offence, and the justice had discretion as to the amount, no corrupt motive can be imputed to him from the smallness of the bail taken. It was not an illegal act, and therefore the motive is immaterial.

¶2And Cranch, C. J., added, that if any corrupt act was done to obstruct the due course of justice, it might be the ground of a separate count, or indictment; but upon this count the act of taking the bail in $20 only, not being illegal, the Court will not admit evidence of a corrupt motive.