1791-06-28 (static/transcriptions/1791/06/267.jpg)

1791. Third Term. [Tuesday] June 28.

Statuti, he can not be tried for the Offence as at Common Law, but the Indictment must be quash’d.
2d Hale 171 – cites another case to the same effect.
370 Cro. Eliz.

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Another is there cited.

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Penhallow’s Case – Cro. E. 231 – He was Indicted for drawing his dagger in the Church, and does not say contra formam statute – He could not be punish’d at Common Law.
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