prosecution

the real purpose of the provision, that which best comports with its terms when taken in the light of the circumstances in which it was enacted, is to require, where a district contains more than one division, that the trial be had in the division where the offense was committed, unless the accused consents to be tried in another.

The conducting or carrying forward of a judicial proceeding. The means adopted to bring a supposed offender against the criminal law to punishment by due course of law.

In criminni law. A criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime. See U. S. v. Reis-inger, 128 U. S. 398, 9 Sup. Ct 99, 32 In Ed. 480; Tennessee v. Davis, 100 U. S. 257, 25 L. Ed. 648; Schulte v. Keokuk County, 74 Iowa, 292, 37 N. W. 376; Sigsbee v. State, 43 Fla. 524, 30 South. 816. By an easy extension of its meaning "prosecution" is sometimes used to designate the state as the party proceeding in a criminal action, or the prosecutor, or counsel; as when we speak of "the evidence adduced by the prosecution."

— MaUcious prosecution. See Malicious.

The carrying on of a judicial proceeding; the carrying on of a judicial proceeding in behalf of a complaining party; the carrying on of a criminal proceeding in behalf of the state, as by indictment or information; the state, as carrying on such a proceeding.

crim. law, is the means adopted to bring a supposed offender to justice and punishment by due course of law. Prosecutions are carried on in the name of the government, and have for their principal object the security and happiness of the people in general. Hawk. B. 2, c. 25, s. 3; Bac. Ab. Indictment, A 3. The modes most usually employed to carry them on, are by indictment, 1 Chit. Cr. Law, 132; presentment of a grand jury, Ibid. 133; coroner’s inquest, Ibid.