
    United States v. Shackelford.
    Upon an indictment for unlawfully carrying a challenge to fight a duel, a scienter must be proved.
    Indictment for unlawfully carrying a challenge to fight a duel.
    
      Mr. Taylor, for the defendant,
    contended that it was necessary for the United States to prove that the defendant knew it to be a challenge. It could not be “ unlawfully ” carried if he was ignorant that it was a challenge.
    
      Mr. Swann, for the United States,
    contended that the defendant was bound to know; and that he carried it at his peril.
   The Court decided, nem. con., that the scienter must be proved ; and the circumstances that the letter was not sealed, and that the defendant declared that he thought it was a legal notice, were for the consideration of the jury in deciding whether the defendant knew it was a challenge.  