
    Case No. 15,08?.
    UNITED STATES v. FENWICK.
    [5 Cranch, C. C. 562.] 
    
    Circuit Court, District of Columbia.
    May Term, 1839.
    Criminal Procedure—Instructions—Sufficiency of Evidence.
    It is error in a judge to instruct the jury that the evidence is sufficient to convict the defendant. The sufficiency is to be decided by the jury.
    [Cited in Stettimus v. U. S., Case No. 13,-387; U. S. v. Taylor, 11 Fed. 473.]
    [Cited in Territory v. Kee (N. M.) 25 Pac. 926.]
    Error to the criminal court for Alexandria county, in a prosecution for perjury.
    The judge had instructed the jury that the evidence was sufficient to convict the defendant [Francis Fenwick], who objected to the instruction, and took his bill of exceptions.
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   THE COURT

(THRUSTON, Circuit Judge, absent)

was of opinion that the judge should not have instructed the jury that the evidence was sufficient; that question is for the jury.

Judgment reversed, and venire de novo to be awarded.  