¶1It'was a question, whether, under the last section of the act, the jury were to ascertain the term of imprisonment, and whether imprisonment were not a necessary part of the punishment; but the Court decided both in the negative. Quaere — see Old Rev. Co. 287, § 3 and 4; and p. 33, 38 ; and p. 112, § 26.
1 D.C. 163
United States v. McFarlane
District of Columbia District Court
Decided June 15, 1804
District of Columbia District Court · decided 1804-06-15
Indictment at common law for a riot, and for assault and battery. Mr. Youngs moved in arrest of judgment. 1st. Because an indictment will not lie for a riot, the Act of Assembly of Virginia, of December 4th, 1786, Old Rev. Co. 38, 39, having prescribed a certain mode of prosecution. 2d. Because assault and battery cannot be joined with riot, in the same indictment. They require separate and different kinds of punishment.
Motion overruled, and judgment entered · Decided 1804-06-15