gave the instruction as prayed by the defendant’s counsel, principally upon the authority of the case of The People v. Janson, 7 Johns. 331.
Mem. This decision was reversed by the Supreme Court of the United States, 11 Wheat. 184, upon the authority of the case of the United States v. Kirkpatrick, 9 Wheat. 720, which was not decided until the 17th of March, 1824, seventeen months after the decision of this Court in this case.