Does the Court erred in not instructing the jury that they could not find that the property was forfeited?
federal, United States of America
The following excerpt is from Three Thousand Eight Hundred and Eighty Boxes of Opium v. United States, 23 F. 367 (U.S. Cir. Ct., D. Cal. 1883):
'Suggestion was made during the argument at the bar that the court erred in not instructing the jury that they could not find that the property was forfeited, unless the matters charged were proved beyond a reasonable doubt; but no such exception was taken at the trial, nor is any such complaint set forth in the assignment of errors, nor is there anything in the case of Chaffee v. U.S. 18 Wall. 516, which conflicts in the least with the views here expressed, as is obvious from the fact that the two cases are radically different, the present being an information against the property, and the former an action against the person to recover a statutory penalty. Informations in rem against property differ widely from an action against the person to recover a penalty imposed to punish the offender. But they differ even more widely in the course of the trial than in the intrinsic nature of the remedy to be enforced.'
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