Starr v. United States - 164 U.S. 627 (1897)
U.S. Supreme Court
Starr v. United States, 164 U.S. 627 (1897)
Starr v. United States
Submitted October 23, 1896
Decided January 4, 1897
164 U.S. 627
The objection that the warrant of arrest of the plaintiff in error purports to be issued by a "Commissioner U.S. Court, Western District of Arkansas" instead of a "commissioner of the Circuit Court," as required by statute, is without merit.
The ruling in Hickory v. United States, 160 U. S. 408, and the similar ruling in Atherty v. United States, 162 U. S. 499, that it is misleading for a court to charge a jury that from the fact of absconding they may infer the fact of guilt, and that flight is a silent admission by the defendant that he is unable to face the case against him, are reaffirmed, and such an instruction in this case is held to he fatally defective.
The case is stated in the opinion.