
    The People, vs. John M’Intyre.
    On a prose-' assault f°and no prosecutor next^ermafter the charge saíne term the indictment is diet of not guilty ought to be taken, and the prisoner discharg ed.
    
      Assault.
    
    John M’Intyre was brought to the bar, charged with comm^^n^ an assault upon Mrs. Griffiths. ' The charge was made at the last session of this Court; and upon that charge the prisoner was committed, and at this term was indicted, arraigned, and plead not guilty,
    Maxwell, District Attorney,
    called on the trial; No prosecutor appearing, the Jury were instructed by the Court; and the instruction acquiesced in by the District Attorney, t0 fjnd a verdict of not guilty ; which they did, and the . * prisoner went about his business.
   Note.—It was known that the prosecutor was not in Court when the case was called upt and before the jury was sworn.  