Middx
The King agt
Richrd. Rich< no role >
(Indicted by the Name of
John Rich< no role >
)}
On the Prosecution of
John Bannings< no role >
For An Assault
In Janry. 1794
Deft was Indicted for a trifling Assault on Prosrs. was taken on a Warrt.
and put in Bail to appear & traverse the Indictment at the then next
Session.-
Deft
is indicted by the Name of
Directed
John Rich< no role >
but his Name is
Richard Rich< no role >
and therefore at the Febry. Session following Deft appeared, Pleaded a
Misnomer & entered into such Recognizance to prosecute that plea at the
last April Session- Notice of such plea was served on Prost.-as-
appeals by the Affidavit left herewith-
Deft Neglected
to apply to Quash the Indictment agreable to his Notice and therefore
in Octor. last Defts Bail recd. notice from the Clerk of the Peace informing
them that their Recognizance wod. be estreated unless application made to
respite them-The Bail therefore went in search of Deft but found
he had absconded from his Residence & were not able to find him and
therefore at the Session they applied to the Court on Affidavit
of the facts & of Defts having absconded to respite the Recogs. for
12 Months wch. was done-
Deft has now made his Appearance & makes this application to Quash the
Prosr. Indictment agreable to the Notice served on Prosr. he not
having replied to Defts plea-
You will therefore please to moor to quash the Indictment accordingly-
NB. There is an affidt. of Deft Staling the reason he did not make this application
before this time.-