5 Me. 432 | Me. | 1828
delivered the opinion of the Court.
The objection to the indictment in this case is, that, though it is signed by the foreman of the grand jury, his signature is not preceded by the usual words, “ a true bill.” On account of this omission, the motion in arrest of judgment under consideration, was filed ; and we are 'now to decide whether it is sustainable on legal principles. Our course of proceedings in relation to the finding of indictments, is different from that pursued in England, and of course no cases similar to the present are to be found in the decisions of their courts. According to the practice there, indictments are drawn and preferred to the grand jury in the name of the king, but at the suit of any private prosecutor. When they have heard the evidence, if they think it a groundless accusation, they indorse on the back of the bill, “ not a true bill,” or “ not found.” If they are satisfied of the truth of the accusation, they indorse upon it “ a true bill;” and the indictment is then said to be found ; and the party then stands indicted. 4. Bl. Com. 303. 306. In Massachusetts, and this State, the customary
We are all of opinion that the motion must prevail; and accordingly the Judgment is arrested.