United States v. George Singleton.
The want of the name of a prosecutor upon an indictment for a misdemeanor in Virginia, is not sufficient cause for arresting the judgment.
Indictment for assault on Julia Drake.
Mr. Taylor, for the defendant,
moved the Court to arrest the judgment upon the verdict, because the name of a prosecutor was not indorsed on the indictment; and cited the Virginia law, New Rev. Code, 105, c. 74, § 24, 25; p. 346, c. 188, § 2; and the Act of 1802, p. 431, c. 303.
[MAJORITY — The Court,]
The Court,
after taking timé to consider, was of opinion that the want of the name of the prosecutor indorsed upon the indictment, is not sufficient ground to arrest the judgment, and overruled the motion. See the Commonwealth v. Leap, at April Term 1801, [ante, 1.]