Breese v. United States
| Decision Date | 18 May 1901 |
| Docket Number | 338. |
| Citation | 108 F. 804 |
| Parties | BREESE v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fourth Circuit |
J. C. Pritchard and Charles A. Moore (Pritchard & Rollins, Tucker & Murphy, and Joseph S. Adams, on the briefs), for plaintiff in error.
William P. Bynum, Jr., Sp. U.S. Atty. (A. E. Holton, U.S. Atty., and A. H. Price, Asst. U.S. Atty., on the brief), for defendant in error.
Before GOFF and SIMONTON, Circuit Judges, and BRAWLEY, District Judge.
We have considered the arguments upon the rehearing of this cause. The opinion of the court is unchanged as to the conclusions reached that there was no error in the court below in overruling the demurrer and in not granting the motion to quash, and upon the various points decided in the progress of the cause. But, inasmuch as the strong opinion expressed by the judge below in his charge to the jury, in which he used the words 'that, in his opinion, it was the duty of the jury to convict the defendant,' was calculated to mislead the jury, who perhaps construed this language as a direction on the part of the court, we think that it would be proper to grant a new trial. For these reasons the case is remanded to the court below, with instructions to grant a new trial.
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Dillon v. United States
...made a jury trial an idle and useless ceremony. He relies upon certain cases to some of which we shall now refer. In Breese v. United States, 108 F. 804, 48 C.C.A. 36, the Judge told the jury 'that, in his opinion, it was duty of the jury to convict the defendant. ' A new trial was granted,......
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...or misapply the moneys, funds, and credits of the bank. Breese v. U.S., 106 F. 680, 45 C. C. A. 535, reversed on other grounds 108 F. 804, 48 C. C. A. 36. * * "An officer of a bank cannot be held guilty of an intent to defraud the bank in cashing checks drawn upon it by a person without fun......
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Morse v. United States
... ... 113, ... 8 Sup.Ct. 77, 31 L.Ed. 138; Simmons v. United ... States, 142 U.S. 148, 12 Sup.Ct. 171, 35 L.Ed. 968; ... Doyle v. Union Pacific Ry. Co., 147 U.S. 413-430, 13 ... Sup.Ct. 333, 37 L.Ed. 223; Allis v. United States, ... 155 U.S. 117, 15 Sup.Ct. 36, 39 L.Ed. 91 ... Breese ... v. United States, 108 F. 804, 48 C.C.A. 36, relied on by ... defendant, seems to be inconsistent with the doctrine laid ... down by the Supreme Court in the cases cited. If that case ... can be sustained at all as a precedent, it is on the narrow ... distinction that the District Judge, ... ...