
    United States v. William Davis.
    
      Qimre, whether an indictment will lie for assault and battery upon “a person unknown,” not “ unknown to the jurors.”
    Indictment for assault and battery, “ upon a person unknown,” (not to the jurors unknown.)
    
      Mr. Neale, for the defendant,
    moved in arrest of judgment, that the indictment was too uncertain.
   The Court,

however, overruled the motion; Cranch, C. J., doubting, because the only reason which can be admitted for not inserting the name of the person assaulted, is, that the person was unknown to the jurors; which is not averred; for the person might be unknown to the Attorney of the United States, who sent up the indictment, and might have been known to the jurors. The indictment might be true if the person assaulted was unknown by any person.  