
    United States v. Peter Veitch.
    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 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. Virginia Laws, Rev. Co. 112, § 28.  