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4 D.C. 313

United States v. Beale

Decided May 15, 1833

Indictment for using contemptuous and threatening language 'to the mayor of Alexandria, (who is, ex officio, a justice of the peace,) in the exercise of his official duties, on the day of , in the year 1833. The defendant demurred generally, and in proper person stated his objections to the indictment. 1st. That no day or month is mentioned. 2d. That it was not stated that the mayor was in the exercise of his judicial functions. 1.

Decided 1833-05-15

The Court(Morsell, J., absent,)

¶1stopped the defendant, in reply, and said that the indictment was bad, because the words were not set forth; because the day and month were not mentioned ; and because it does not state that the mayor was in the discharge of his judicial functions.

¶2Judgment for the defendant on the demurrer.

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