Summary

Portrait of David Josiah Brewer David Josiah Brewer Johnson v. United States — Opinion of the Court

We are unable to see any misstatement of the law in the instructions given in this respect. There was nothing in the evidence disclosing previous hostility to the deceased on the part of Johnson, or any reason or motive for the murderous attack. Thereupon, the defendant's counsel asked an instruction that where the evidence shows that the defendant did not commit the actual killing, and when it is uncertain whether he did participate in it, then the jury may regard the absence of any proof of motive for the killing, in finding their verdict.
Source: Wikisource

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