General
Respublica versus Askew
2 U.S. 1892 Dall. 189·Supreme Court of Pennsylvania·1792·PA
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Opinion
Respublica versus Askew.
THE defendant was indicted for a libel; and at the last Nisi Prius, retracted his plea and submitted, protesting his innocence, &c. He now appeared to receive judgment, and his own affidavit was offered to be read in mitigation of the fine.
[MAJORITY — by the Court:]
But,
by the Court:
—It has been usual to hear the defendant without oath ; but we have never known his affidavit received, although it goes only in mitigation of the fine.
Affidavit refused.