United States v. Henry Lloyd, 4 Cranch 464

The Court overruled the motion, (Thruston, J., not giving any opinion.) The Court did not state the reasons for their decision; but the grounds were, that the provision of the statutes requiring the name of a prosecutor to be written on the indictment, was for the benefit of the defendant, that he might have security for costs, and to prevent unnecessary expense to the United States. If the defendant goes to trial without such security, he must be considered as having waived the benefit; and the United States have already incurred the expense.