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1 Del. Cas. 617

State v. Roberts

Delaware County Court of Quarter Sessions · decided 1819-05-15

Decided 1819-05-15

¶1Chief Justice Booth said the Court decided this against us now.

¶2Verdict guilty, on slight evidence.

¶3The counsel filed motion in arrest of judgment, because the indictment had not concluded “against the peace and dignity of the State.” (State Constitution, Hawk and Bacon, 2 Hale P.C. 188, 1 Chit.Cr.L. 247.)

Per Curiam.

¶4Let the former recognizance be respected.

¶5Note. The point on which judgment was arrested was made before the jury, but the Court said it was improper there, for, if successful, defendant could not be indicted again.

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