The King v. John Lukens

1 U.S. 5, 1 Dall. 5

Opinion

By the Court.

It often happens that all the Witnesses necessary to support a public Prosecution are brought unwillingly to give Evidence; and the Act could never intend there should be a Prosecutor indorsed, unless there was really a Prosecutor existing, for the Words in the Act are, the Prosecutor. And as no Person in the present Case is proved to be active in carrying on the Prosecution, the Defendant must plead to the Indictment without any Indorsement.

It was then moved, that the Defendant himself might be sworn to prove the Person prosecuting; but denied by the Court, who said it must be proved by indifferent Witnesses.