People v. Blackwell

By the Court, Shafter, J.

Indictment for rape. Verdict—Guilty of assault with intent to commit a rape.

1. After arraignment the defendant moved the Court to set *67aside the indictment on the ground “ that it does not show by the proper indorsement that it was presented to the Court by the Foreman of the Grand Jury and in their presence.” The motion was overruled, and the defendant excepted.

The indorsement was as follows:

“ Presented and filed in open Court, this 14th day of March, A. D. 1864.

“ H. E. Hall, County Clerk.”

The exception is not well taken. It may be admitted that it is a matter of…