Citation: RESPUBLICA v. ROBERTS, 1 U.S. 39 (1778)
Background of the Case:
During the American Revolutionary War, John Roberts was accused of high treason against the Commonwealth of Pennsylvania. Roberts allegedly attempted to persuade others to enlist with the British army, which was considered an act of aiding the enemy.
Overview of the Case:
The case involved the prosecution of John Roberts for high treason. The prosecution aimed to prove that Roberts’ actions and attempts to persuade others to join the British forces constituted a betrayal of his duty to the Commonwealth of Pennsylvania.
Issue of the Case:
The central issue was whether Roberts’ attempts to persuade others to enlist with the British army amounted to high treason, even if those attempts were unsuccessful.
Facts of the Case:
Roberts was accused of attempting to persuade others to enlist with the British army. The prosecution presented evidence of Roberts’ actions and statements to demonstrate his intention to aid the enemy. The defense argued that mere attempts to persuade did not constitute treason and that Roberts’ actions were based on a misunderstanding.
Parties to the Case:
- Plaintiff: Respublica (the Commonwealth of Pennsylvania)
- Defendant: John Roberts
Judgment on the Case:
The court ruled that mere attempts to persuade others to enlist with the British army did not constitute high treason. The court found that there must be an actual enlistment of the person persuaded to bring the defendant within the intention of the treason clause. Roberts was ultimately acquitted of high treason.
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