State v. Davidson

Mr, Chief Justice Green

delivered the opinion of the Court.

This is an appeal from the order of the court below quáshing a presentment against the defendant Davidson which charged him with a felonious assault on one Bill Fitzpatrick. The trial judge felt constrained to the action taken, on authority of a previous decision of this court holding that a prosecution for the offense named could not be made upon presentment, but that such a prosecution must be upon indictment with the prosecutor named.

Prior to the adoption of the Code of 1932, the result reached in the lower court would have been…