Horace Gray

“ Criminal proceedings cannot be said to be brought or instituted until a formal charge is openly made against the accused, either by indictment presented or information filed in court, or, at the least, by complaint before a magistrate. ”

“ In Caha's Case, the act of congress expressly reserved the former jurisdiction, not only over prosecutions already commenced, but also over crimes already committed. In Logan's Case, the act of congress, as this court observed, 'does not affect the authority of the grand jury for the district, sitting at any place at which the court is appointed to be held, to present indictments for offenses committed anywhere within the district. It only requires the trial to be had, and writs and recognizances to be returned, in the division in which the offense is committed. ”

“ The grand jury may ignore the bill, and decline to find any indictment; and it cannot be known whether any proceedings will be instituted against the accused until an indictment against him is presented in open court.
In the present case, each indictment, for an offense committed in the Fifth division of the district, having been first presented, after the act of 1894 took effect, to the court held in the Third division, and no complaint having been previously made against the defendant, the court had no jurisdiction of the case ”