General
United States v. Benjamin Dulany
1 D.C. 5101 Cranch 510·United States District Court for the District of Columbia·1808
(Duckett, J., absent,)
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Opinion
United States v. Benjamin Dulany.
When a presentment for a misdemeanor is found by the grand jury without the name of a prosecutor, the Court will order an indictment to be sent up without the in-dorsement of a prosecutor, upon the suggestion of the Attorney of the United States.
On motion of Mr. Jones, the Attorney for the District, to send up an indictment to the grand jury upon a presentment made by them, no person being indorsed as prosecutor, — ■
[MAJORITY — The Court]
The Court
(Duckett, J., absent,)
said that in such cases, upon the motion of the Attorney for the United States, they would order indictments to be sent up without a prosecutor’s name being indorsed, upon the attorney’s suggesting that in his opinion the cases require such interposition.
Mr. Jones replied that he could not undertake to give any opinion, but he should never make a motion in any case which should appear to him to be malicious or trifling.