United States v. Breitling,
61 U.S. 252 (1857)

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U.S. Supreme Court

United States v. Breitling, 61 U.S. 20 How. 252 252 (1857)

United States v. Breitling

61 U.S. (20 How.) 252


The Circuit Court of the United States in Alabama, by a general rule, adopted the practice of the state courts which is regulated by a statute providing that no bill of exceptions can be signed after the adjournment of the court unless with the consent of counsel, &c.

But where a judge holding the Supreme Court in Alabama signed a bill of exceptions under special circumstances after adjournment and without the consent of counsel, this Court will consider the exception as properly before it. It is in the power of a court to suspend its own rules or except a particular case from them to subserve the purposes of justice.

And the signature of the judge was attached to the bill, in conformity with the decisions of this Court.

The exception brings up the charge of the court to the jury, but not the admission of evidence which was objected to on the trial but to the admission of which no exception was noted.

The charge of the court, being founded on a hypothetical state of facts of which there was no evidence, was erroneous.

The case is stated in the opinion of the court.

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