
    Case No. 15,466.
    UNITED STATES v. JAMESSON.
    [1 Cranch, C. C. 62.] 
    
    Circuit Court, District of Columbia.
    July Term, 1801.
    Criminal Law—Arrest of Jüdgm bnt—Defective Indictment—Misdemeanors.
    1. The want of the name of a prosecutor at the -foot of the indictment is not a good ground for arresting the judgment.
    2. A capias is proper process upon an indictment for misdemeanor.
    Indictment [against R. B. Jamesson] for assault and battery. Motion in arrest of judgment: 1st. Because there is no name of a prosecutor indorsed on the indictment, agreeably to the act of Virginia. .Rev. Code, p. 112, § 24. 2d. Because a capias was not the proper process. Id. § 28.
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   THE COURT

was of opinion that the 24th section applied only to cases where an information was filed without a previous presentment. There may not be a prosecutor, and crimes ought not to go unpunished.

Motion overruled and judgment entered.  