Tennessee Supreme Court June 11, 1838 (State v. Smith)

Green, J.

delivered the opinion of the court,

Upon this indictment for betting on an election, no prose* cutor was marked. It was founded upon a presentment, made/ upon the evidence of Peter Shaver, a witness sent for by the grand jury, and sworn in court, and sent to them to testify of unlawful gaming.

The defendant pleaded in abatement that the presentment .