Citation: RESPUBLICA v. MALIN, 1 U.S. 33 (1778)
Background of the Case:
During the American Revolutionary War, the case of Respublica v. Malin arose from an incident where the defendant, Malin, mistakenly identified American troops as British soldiers and attempted to join them. This act was considered high treason, as it was seen as an attempt to aid the enemy.
Overview of the Case:
The case involved the prosecution of Malin for high treason. The prosecution sought to prove that Malin’s actions and statements indicated his intention to join the British forces1. The defense argued that mere words did not constitute treason and that Malin’s actions were based on a mistake.
Issue of the Case:
The central issue was whether Malin’s actions and statements could be considered treasonous, given that he claimed to have mistaken American troops for British soldiers.
Facts of the Case:
Malin, under the mistaken belief that American troops were British, attempted to join them. The prosecution presented evidence of Malin’s words and actions to demonstrate his intention to aid the enemy. The defense contended that Malin’s actions were based on a misunderstanding and that his words alone did not amount to treason.
Parties to the Case:
- Plaintiff: Respublica (the Commonwealth of Pennsylvania)
- Defendant: Malin
Judgment on the Case:
The court ruled that while mere words did not constitute treason, evidence of Malin’s intention to join the enemy could be considered. The court admitted evidence of Malin’s actions and statements that indicated his intention to aid the British forces. Ultimately, Malin was found guilty of high treason
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