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“Indictment against the prisoner for an assault on one Neil Lemon with a dangerous weapon, and with an intent to kill, founded on the act of Congress of 1825, ch, 276, § 22. The indictment contained several counts, in some of which the offence was alleged to be committed on the high seas, and in others in Massachusetts Bay. The prisoner pleaded not guilty, and was convicted of the offence by the jury. A motion for a new trial, on the ground of the want of jurisdiction of the Court, was made, and also a motion in arrest of judgment, on the ground, that in the caption of the indictment, there were not after the words in the margin, ‘District of Massachusetts,’ the letters SS. These motions were argued by the prisoner’s counsel and the District Attorney.”

Case Citation

5 Mason 290