| Mass. | Mar 15, 1807

The Court

unanimously overruled the motion. (a)

Vide Commonwealth vs. Ross, ante, 373. — Rex vs. Testick, 1 East, 191.— Stark. Crim. Pl. 103, 104, 2d ed.—2 Russ. on Cr. 359, 360, 2d Lond. ed.

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