U.S. Circuit Court for the District of District of Columbia, 1833

United States v. Davis

United States v. Davis
U.S. Circuit Court for the District of District of Columbia · Decided October 15, 1833
4 D.C. 333; 25 F. Cas. 774; 4 Cranch 333
United States v. Davis

Opinion of the Court

The Court,

however, overruled the motion; Cranch, C. J., doubting, because the only reason which can be admitted for not *334inserting 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.

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