Respublica v. Griffiths
Supreme Court of the United States
LEAVE having been granted; on the motion of Serjeant, to file an information against the defendant, one of the Justices of the Peace for Chester County, it became a question, whether the information should be drawn, filed and prosecuted by the Attorney General, or by the party at whose instance it was awarded. objected, that it is not the duty of the Attorney General to draw and file this information.
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LEAVE having been granted; on the motion of Serjeant, to file an information against the defendant, one of the Justices of the Peace for Chester County, it became a question, whether the information should be drawn, filed and prosecuted by the Attorney General, or by the party at whose instance it was awarded. objected, that it is not the duty of the Attorney General to draw and file this information. It must indeed, be in the name of the commonwealth, and the prosecutor may make use of the name of the officer, who prosecutes for the State : But there is in England a known and established…
1Opinion of the Court
By the Court:—
The objection is reasonable and just. But, pro forma, the Attorney General must allow his name to be used by the prosecutor.
2Cited by6 opinions
- Brooks v. StateSupreme Court of Delaware · 1911
- State ex rel. Glenn v. SteinNebraska Supreme Court · 1882
- Commonwealth v. BurrellSupreme Court of Pennsylvania · 1847
- Newlin v. ScottSupreme Court of Pennsylvania · 1856
- Hall v. KnappSupreme Court of Pennsylvania · 1845
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