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Case library · Treason

The Hungry Prisoner

Respublica v. M'Carty (1781)

Charge: High treason (levying war by joining the enemy's army)Court: Supreme Court of PennsylvaniaState: PennsylvaniaDocket: Treason

The facts

During the Revolutionary War, a man was charged in Pennsylvania with high treason for levying war by joining the armies of the King of Great Britain. By his own confession he had actually enlisted in a corps belonging to the enemy. But he had first been taken prisoner by the British and confined at Wilmington, and he said he enlisted only out of fear of starving, with a sincere intention of escaping. The evidence also showed that he then remained with the British troops for ten or eleven months, during which he might easily have escaped. Under the law, only fear of immediate death, not fear of some lesser injury, could excuse joining an enemy. The defence relied on his account of hunger and compulsion.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Respublica v. M'Carty, 2 U.S. (2 Dall.) 86 (Pa. 1781)

Read more at supreme.justia.com. The source reveals the outcome.

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