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Keywords

trialadmissibilityjury instructions

Related Cases

Leovy v. U.S., 92 F. 344, 34 C.C.A. 392

Facts

On November 16, 1895, Augustus F. Leovy and Robert S. Leovy built a dam across Red Pass in Louisiana without the Secretary of War's permission, violating federal law. They were indicted on May 19, 1897, and during the trial, Augustus was acquitted while Robert was found guilty and fined $200. Robert reserved several bills of exceptions regarding the trial judge's rulings on evidence and jury instructions.

Issue

Did the trial court err in its rulings regarding the admissibility of evidence and jury instructions related to the navigability of Red Pass and the authority of the state to close it?

Rule

Under the Rivers and Harbors Act, it is unlawful to obstruct navigable waters of the United States without the Secretary of War's permission, and the definition of navigable waters includes those that allow for interstate commerce.

Analysis

The court analyzed whether Red Pass was a navigable stream and whether the state had the authority to close it. It concluded that the evidence presented was sufficient for the jury to determine navigability, and the refusal to instruct the jury on certain defenses was appropriate as they did not align with the law governing navigable waters.

Conclusion

The court affirmed the conviction of Robert S. Leovy, holding that the construction of the dam without federal approval was unlawful.

Who won?

United States; the court upheld the conviction of Robert S. Leovy, affirming that federal law regarding navigable waters must be followed.

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