
    United States v. John Hollinsberry.
    The Court ■will, on. motion, quash an indictment for assault and battery, in Alexandria, if the name of a prosecutor be not mitten at the foot thereof, although the accused shall have been recognized to appear at the Court to answer for the offence.
    Incictment for assault and battery upon Robert Walker. No prosecutor’s name was written upon the indictment.
    
      Mr. Taylor, for the defendant,
    moved the Court to quash the indictment for that reason, which was done, (MoRsell, J., absent,) upon the authority of United States v.- Hellrigle, at November term, 1827, [ante, 179,] and United States v. Shackelford, at April term, 1828, [mite, 287,] although the defendant had been recognized by a justice of the peace' to appear at this term to answer for the offence.
    
      Mr. Swann, for the United States,
    then offered the witnesses to be examined by the Court, and prayed the Court to order an indictment to be sent up to the grand jury. The Court examined them, but refused to order an indictment.
    
      Mr. Swann
    
    objected to the cross-examination of the witnesses by the defendant; but the Court overruled the objection.
   See also United States v. B. Dulany, at December term, 1808, (1 Cranch, C. C. 510); and United States v. Sandford, 14th July, 1806, (Ib. 323); Commonwealth v. Leap, April, 1801, (Ib. 1); United States v. R. B. Jameson, January, 1802, (Ib. 62); United States v. Singleton, June, 1805, (Ib. 237); United States v. Carr, November, 1823, (2 Ib. 439); United States v. Willis, November, 1808, (1 Ib. 511.)  