
    United States v. R. B. Jamesson.
    The want of the name of a prosecutor at the foot of the indictment is not a good ground for arresting the judgment.
    A capias is proper process upon an indictment for misdemeanor.
    Indictment, 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. Rev. Code, p. 112, § 28.
   The Court

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

Motion overruled and judgment entered.  