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State v. Evans

1 Del. Cas. 251 Court Court of Quarter Sessions. Sussex. English

Delivered by Per Curiam. Booth, C. J.

Contents

Majority

p. 251
STATE v. JEHU EVANS.
Court of Quarter Sessions. Sussex.
April, 1800.
Wilson’s Red Book, 272.
p. 252
Attorney General.
Defendant must show there is a prosecutor before he can be required to indorse.
Vining
pressed a different construction of the Act and the propriety generally of such a regulation.

(To Mr. Ridgely:) Sir, you need not argue it. The Act of Assembly says the prosecutor not a prosecutor and does not require a prosecutor on every indictment. Defendant may prove there is a person prosecuting, and then he must indorse. We cannot presume it; the grand jury may have found the presentment on their own knowledge or have sent for witnesses.