State v. Rhodius

It is too late in the discussions of this court to contend that the securities upon a recognizance, who under*166take that their principal shall appear before the court to answer a criminal charge, may come into court and question the sufficiency of an indictment, without producing the body of their principal. This is an elementary principle of the criminal law.

The court erred in dismissing the appellee, and quashing the recognizance. If the appellee claimed that he was sued by a wrong name, it was in the nature of a plea in abatement, which should have been sworn to, and the writ might have been…