
    Case No. 16,613.
    UNITED STATES v. VEITCH.
    [1 Cranch, C. C. 81.] 1
    Circuit Court, District of Columbia.
    April Term, 1802.
    Misdemeanors—Indictment—Process.
    A capias is the proper process upon an indictment for misdemeanor, found after service of a summons to show cause why an indictment or information should not be filed.
    Indictment for retailing spirituous liquors. The first process was a summons to show cause why an information or an indictment should not be filed. Upon this summons the defendant [Peter Veitch] did not appear, and' his default was recorded. The indictment was found at July term, 1801. and a capias issued returnable to October term. 1801.
    Mr. Simms, for defendant,
    contended that a capias was not the legal process.
   THE COURT

stopped him from arguing the point, saying it had been decided several times in this court, and a general direction had been given to the attorney for the United States to issue a capias upon every indictment found after a summons had issued and been served to show cause why an indictment or information should not be filed; being of opinion that a capias was the proper process. Laws Va., Rev. Code, p. 106, § 28.  