Commonwealth v. Gore

Judge Ewing

delivered the Opinion of the Court.

An indictment was . found against Gore, for an assault anc[ battery on James Ross; and at the foot of the indictment, Peter C. Updike was set down as prosecutor, without stating the town or county in which he resided, or his title or profession, as required by the statute. 1 Statute Law, 531, 542.

The counsel for Gore moved the Court to require the prosecutor to give security for costs; which was granted, and bond and security executed. Whereupon, he moved the Court to quash the indictment, because of the residence and title or profession of the…