Allen v. Commonwealth

OPINION of the Court, by

Ch. f. Boyle.

This is a writ oí error to a judgment tor a tine on an indictment for trespass assault and battery. Two objections are made which we deem necessary to be noticed — -1st, That the indictment is defective, not being found in the name and by the authority of the commonwealth of and 2d. that the court below erred in not . . , ' . . reír dismissing the indictment on the motion ox the ueten-dant in the court below for want oí a prosecutor, and in permitting the attorney for the commonwealth to set r ⅛ . ,J r down a prosecutor m due term.

The first objection is…