Court : US Supreme Court
KING v. LUKENS - 1 U.S. 5 (1762) U.S. Supreme Court KING v. LUKENS , 1 U.S. 5 (1762) 1 U.S. 5 (Dall.) The King v. John Lukens Supreme Court of Pennsylvania April Term, 1762 Indictment for a Nuisance. Mr. Dickenson, for the Defendant, moved that a Prosecutor should be indorsed on the Indictment, agreeably to the Act of Assembly,* before the Defendant should be put to plead. Mr. Chew, Attorney General, urged that such a Construction ought to be put on the Act as that public Justice may not be eluded; and that there should be no Necessity to indorse a Prosecutor, unless it be proved that there is some person active in carrying on a Prosecution; because, if it took its rise from the Grand Jury, or a Justice of the Peace, no Person could be indorsed; and Offenders of the highest Nature would escape being brought to Justice. By the Court. It often happens that all the Witnesses necessary to support a public Prosecution are brought unwillingly to give Evidence; and the Act could ne...
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