
    The Commonwealth v. Josiah M’Clenegan.
    April, 1809.
    Criminal Law — Misdemeanor—Process—Capias.—What process ought to he awarded upon an indictment or presentment for a misdemeanor.
    Upon an adjourned case from the District Court held at Morgan Town.
   “The court are unanimously of opinion, that where an indictment or presentment is found by a Grand Jury against any person for a misdemeanor, to which the law has affixed an infamous or corporal punishment, that the Court before whom such presentment or indictment is found, may, in its discretion award a capias in the first instance ;' and that, upon indictments and presentments of an inferior nature, such’ Court ought, after two venire facias’s have been returned not found, to award a capias ; it is therefore ordered, that it be certified to the Morgan Town District Court, that a capias ought to-be awarded in this case.”

A copy.

Teste, WIDSON AUUUN, C. G. C.  