The Court (Thruston, J., absent,) overruled the objection, on the authority of Bates’s case, in this Court, in June, 1810, (2 Cranch, C. C. 1); but told Mr. Bradley that he might avail himself of it, on motion in arrest of judgmént, when the point might be fully considered. Our. ad. vult.
At May term, 1828, the Court overruled the motion in arrest of judgment, and sentenced the prisoner to fine and imprisonment.