Case No. 16,001.

UNITED STATES v. PARSONS et al.

[4 Cranch, C. C. 726.]¹

Circuit Court, District of Columbia.

March Term, 1836.

LARCENY—INDICTMENT—OWNERSHIP OF GOODS.

If the goods stolen be charged as the goods of A. B., and if upon evidence, it appears that A. B. was a feme covert, and that the goods were the property of her husband, the court will not instruct the jury to find the prisoners not guilty, if the husband be absent, and not contributing to her support, and she keeping house by herself.

Joseph Parsons, John Callihan, and William Drane were indicted for stealing the goods of Ann Bell. It appeared upon the trial that Ann Bell's husband was temporarily absent seeking employment as a printer elsewhere, and did not contribute to her support; and that she kept house in Washington.

W. L. Brent, for defendant, prayed the court to instruct the jury that if they should be satisfied, by the evidence, that Ann Bell was a feme covert, and that the goods stolen were the property of her husband, they should find the prisoners not guilty upon this indictment

But THE COURT (CRANCH, Chief Judge, contra), refused to give the instruction.

Verdict, “Guilty.”

¹ [Reported by Hon. William Cranch, Chief Judge.]

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