Response or Comment
One George D. Horning was convicted of the criminal offense of doing business as a pawnbroker in the District of Columbia without a license. The jury, which rendered the verdict of guilty, were told by the court, in the course of the charge, that there really was no issue of fact for them to decide; that the evidence showed a course of dealing constituting a breach of the law, and that they were not warranted in capriciously saying that the witnesses for the government and for the defendant were not telling the truth; that it was their duty to accept the exposition of the law given them by the court; and that while, in a criminal case, the court could not peremptorily instruct them to find the defendant guilty, if the law permitted it he would do so in this case.
Sunderland, Edson R. "The Right of a Jury in a Criminal Case to Render a Verdict against the Law and the Evidence." Mich. L. Rev. 19 (1921): 325-7.