SANDY WHITE V. UNITED STATES, 164 U. S. 100 (1896)

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U.S. Supreme Court

Sandy White v. United States, 164 U.S. 100 (1896)

Sandy White v. United States

No. 375

Submitted October 19, 1896

Decided November 9, 1896

164 U.S. 100


The record showed an indictment, arraignment, plea, trial, conviction and the following recital:

"This cause coming on to be heard upon the motion in arrest of judgment, and after being argued by counsel pro and con and duly considered by the court, it is ordered that the said motion be, and the same is hereby denied. The defendant, Sandy White, having been convicted on a former day of this term, and he being now present in open court and being asked if he had anything further to say why the judgment of the court should not be pronounced upon him, sayeth nothing, it is thereupon ordered by the court that the said defendant, Sandy White, be imprisoned in Kings County Penitentiary at Brooklyn, New York, for the period of one year and one day, and pay the costs of this prosecution, for which let execution issue."

Held that this was a sufficient judgment for all purposes.

Entries made by a jailor of a public jail in Alabama, in a record book kept for that purpose, of the dates of the receiving and discharging of prisoners confined therein, made by him in the discharge of his public duty as such officer, are admissible in evidence in a criminal prosecution in the federal courts, although no statute of the state requires them.

When a jury has been properly instructed in regard to the law on any given subject, the court is not bound to grant the request of counsel to charge again in the language prepared by counsel, or if the request be given

Page 164 U. S. 101

before the charge is made, the court is not bound to use the language of counsel, but may use its own language so long as the correct rule upon the subject requested be given.

The case is stated in the opinion.

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