Page:United States Reports, Volume 2.djvu/235

 Sunmrr Connr or Pmyyluah. az; beendouefelonioull ,&c. thetecbnicalandeH`entialepitl¤e¤ ; ; are not applied toihe  Ealing,   and which mult have beenthe edicierttcaufeofthedeatlaof theper· bn killed, and TheAtto General, Ing:gGH, obferved, that he did not conlider therzfd exeeption material 5 but he declined any argu- ment on the l`ubje€t, ashewas eonvineedthe feeond exception mult be fatal. - Bx nm Coun·r:-Let thejudgmentbe reverfed.• Bimuu. audi: Du Bnoxs. ' 'I‘I·lIS caufewastriedand a generalverdié: given fer the LB plaintill, onthe uthof$ept¢»rkr. 0ntbeigtlnof3c)· · ' renter, Lew:} made a motion, in arrelt of judgment, becaufe, [7 a general rerdi& was taken, and thea£lion,elearly, wouldonly he maintained on one of the eounts in the declaration. Dallareontuided, tlxattbe motion was made eoolaee, and cited 3 S'. R4. 623. Drug. 446. 1 I Rep. 227. 4 Burr. 2526. 2 lVudg/`an 243, to lhew, in the computation of time, whentitedayonwhich ana&isdone, llnllbedeemedinclulive. He, alfo, moved to beallowed toenter the verdiét on the lirll: cnuntin the declaration, agreealaly to the authorityin 4Bum I2 . · iii nm Conn? :—Tbe day on whichtltc verdiél was given lbould be reckoned iucluhve; and, therefore, the motion in arrclt of judgment has been made too late. But we have no doubt, thatitis in our power to grant the plaintilfpennillion to enter the verdié]: on the proper eount; and that it ought, in this cafe, to be granted. The motion in arrell: of judgment was accordingly difmilfed, and the verdi£t entered on the Bill: eount.-|· Psmfs _ p.. Dm?. Edit.) by which the crime was divided intomurdcr of the lint degree. punilhable by death; and murder of the lecond. degree, puuilhable byimprifonmcnt athard labour. Frans the facts reported oy the Judge, who prclidcd on tlze trial, Hmrvmm': oll`euce would clearly have fallen under the latter division. v ` l T Thr Court waited ’tilI the lull hour of the Term for the de- 2endants' couufcl, who was indifpofed ; but faid, tha: iu a cafe in which they were lb perlectly liitislird, thcv could not keep it longer uudcr udvifement. '
 * This indictment was tried lhortiy before the act palled (Va!.

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