1782-11-21 (static/transcriptions/1782/11/022.jpg)

1782 4 Sittings [[Thursday]] Nov. 21
Another Count for breaking and entering the Dwelling House of the Plaintiff.

Sir E. Impey. I am of Opinion it is a frivolous Cause; and in such cases I am glad when the Law gives me an opportunity to find for the Defendant. I think the Posture in which the Whip was represented to be held, was not such as amounts to an assault, and therefore there must be Judgment for the Defendant.
The Whip was not held in the position, as if he would strike, which as I take it, must be done
/in