STATE v. EVANS, 1 Del. Cas. 251 (1800)

Wilson’s Red Book, 272

Court of Quarter Sessions of Delaware, Sussex County.
April, 1800.

Vining demanded that a prosecutor’s [name] should be indorsed under the Act, 1 Del. Laws p. [135], before defendant should be put to plead.

Page 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.

PER CURIAM. BOOTH, C. J.

(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.