State v. Evans

1 Del. Cas. 251

Opinion

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.