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4 D.C. 467

United States v. Lloyd

Decided May 15, 1834

Assault and batteRy. In Turley’s case, in this Court, at November term, 1833, the Court was of opinion that the objection, for want of a prosecutor, was too late after verdict; but agreed to hear Mr. Heioitt again in H. Lloyd’s cases, on that point. It does not appear, however, that in these causes any thing further has been said upon it. The doctrine in Turley’s case, may, therefore, be considered as conceded. Mr. Hewitt moved to quash this indictment.

Decided 1834-05-15

The Court(Thruston, J., cernirá,)

¶1refused to quash the indictment, where the witnesses appeared to have been called upon by the grand jury.

¶2Bat (nem. con.) quashed another, where there was no prosecutor indorsed, and no order of the court to send the witnesses to the grand jury ; and it did not appear that the grand jury had called for them.

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