Holt v. State

James H. Holt was indicted for an affray at the fall term, 1844, of the Washington district court. The prosecution was pending until the fall term, 1846, when the accused was tried *364and found guilty, and judgment was pronounced against bim, tbe prosecution being then conducted in tbe name of tbe state.

He subsequently prosecuted tbis writ of error to reverse the judgment, upon the ground that “tbe indictment and alleged offense are both previous to- the passage of tbe law authorizing tbe assessing of fines by juries.”

Tbis prosecution >vas pending at tbe period of the adoption of tbe state…