United States v. Turley

(nem. con.) arrested the judgment on the second count because the Penitentiary Act only punishes assault and battery with intent to kill, and this count is for assault only.

The Court, also, was of opinion that the objection for want of the name of a prosecutor was too late after verdict; but agreed to hear Mr. Hewitt again, upon that point, in H. Lloyd’s Cases, (post.)