¶1however, overruled the motion; Cranch, C. J., doubting, because the only reason which can be admitted for not *334inserting the name of the person assaulted, is, that the person was unknown to the jurors; which is not averred; for the person might be unknown to the Attorney of the United States, who sent up the indictment, and might have been known to the jurors. The indictment might be true if the person assaulted was unknown by any person.
4 D.C. 333
United States v. Davis
Decided October 15, 1833
Indictment for assault and battery, “ upon a person unknown,” (not to the jurors unknown.) moved in arrest of judgment, that the indictment was too uncertain.
Decided 1833-10-15