1138

Case No. 15,705.

UNITED STATES v. MADDEN.

[1 Cranch, C. C. 45.]1

Circuit Court, District of Columbia.

Dec. Term, 1801.

CRIMINAL LAW—PRESENTMENT.

The court may order an indictment to be sent to the grand jury without a previous presentment for the same offence.

Indictment [against Dinah Madden, alias Hopewell] for stealing. Verdict for the prisoner. The testimony appearing to justify an indictment for receiving stolen goods, THE COURT ordered such an indictment to be sent to the grand jury.

KILTY, Chief Judge, contra, was of opinion that there ought to be a previous presentment by the grand jury upon which to found the indictment. The prisoner was remanded.

1 [Reported by Hon. William Cranch, Chief Judge.]

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