United States. Negro Ralph Prior

United States v. Negro Ralph Prior. A count for stealing, and a count for receiving stolen goods, may be contained in the same indictment, and the attorney for the United States will not be put to his election upon which to proceed. The whole confession must be given in evidence, if any part is given, but the jury has a right to judge for themselves of the truth thereof or of any part of it. Indictment. The first count was for stealing the goods of one Ecklóff. The second count was for receiving them, knowing them to be stolen. Messrs. Brent & Brent, for the defendant, contended that the Court ought to oblige the attorney for the United States to elect the count upon which he would proceed; and they cited Russell on Crimes. The Court, (Morsell, J., absent,) refused. Mr. R. J. Brent contended that the confession of the defendant must be taken altogether ; and that if there is no evidence to contradict any part of the confession, the attorney for the United States cannot be permitted to argue to the jury that any part of the confession is false. [MAJORITY — Cranch, C. J.,] Cranch, C. J., said, that the question has often been made in this Court; and the Court had always decided, that the whole confession must be given in evidence to the jury; but that they had a right to judge for themselves of the truth of it, or of any part of it. (See Starkie, part 4, p. 48.) Verdict, not guilty.