
    United States v. William Taylor.
    In a criminal prosecution the Court will not hear a motion to quash the indictment until the defendant has been taken.
    When a statute creates an offence, and directs the particular mode of prosecution, that mode must be pursued.
    The defendant was indicted for playing at cards in a public place, contrary to the statute of Virginia, of December 8,1792, § 5, which imposes a fine of $20 upon conviction before a justice of the peace, to be levied by distress and sale of the offender’s goods by warrant from the justice.
    
      Mr. Neale, for the defendant,
    at the last term, before the defendant was taken, offered to move the Court to quash the indictment ; but the Court, Thruston, J., contrd,) refused to hear the motion until the defendant should be taken.
   The defendant being now taken, Mr. Neale moved the Court to quash the indictment, upon the ground that the only mode of recovery of the penalty prescribed by the statute is by a conviction before a justice of the peace; according to the case of United States v. Simms, 1 Cranch, 252.

And upon that ground the Court quashed the indictment.  