State v. Bruce

The defendant was indicted at the November term, 1881, of the Nodaway circuit court for perjury, and on a trial was found guilty and sentenced to six years’ imprisonment in the penitentiary. He has appealed from the judgment, and the .only question for our consideration is, whether the failure of the prosecuting attorney to sign the indictment is fatal to it.

Section 1798 of the Revised Statutes of 1879, provides, that: “ Every indictment must be signed by the prosecuting attorney, and when the grand jury return any indictment into court, the judge must examine it, and, if the foreman has…