United States v. Lloyd

Decided May 15, 1834

Assault and battery. Verdict for United Slates. moved in arrest of judgment, that no prosecutor’s name had been written upon the indictment before it was sent to the grand jury, as required by the Act of Assembly of Virginia of November 13, 1792, p. 105, §§ 23, 24; and contended that the Court would have quashed the indictment upon motion before trial. That there was no difference in principle between a motion to quash, and a motion to arrest the judgment.

Decided 1834-05-15

The Court

¶1overruled the motion,

(Thruston, J., not giving any opinion.)

¶2The Court did not state the reasons for their decision; but the grounds were, that the provision of the statutes requiring the name of a prosecutor to be written on the indictment, was for the benefit of the defendant, that he might have security for costs, and to prevent unnecessary expense to the United States. If the defendant goes to trial without such security, he must be considered as having waived the benefit; and the United States have already incurred the expense.