Catharine Fout v. State

The court below was moved to quash the indictment for not having a prosecutor indorsed as required by the Act of 1801, c. 30; 1803, c. 59, and refused the motion; the now plaintiff in error, being the person indicted in the court below, appealed. And now it is urged that the bill of indictment was prepared and sent, not by the attorney-general, but by one who signs himself John Wilkerson, acting as solicitor-general. We are of opinion, unanimously, that no indictment ought to be sent to the grand jury without the sanction and approbation of the solicitor-general, proved by his signature on…