The Court were of opinion:
1. That the averment " contra formam Statuti,” was unnecessary: Semple and Parker, however, dissenting. 2. The whole Court were of opinion, that even if the Indictment were erroneous in this respect, yet that the objection came too late after verdict, being cured by the Statute of Jeofails in Criminal Cases.(b) The Writ of Error was therefore refused.
Ibid. ch. 169, § 44, p. 611.