ver, that they would not have reversed the proceedings on
that ground. If they had concurred in reversing the judgment which
disallowed the challenge to the array, the only effect would have been,
to order a _venire de novo_, or a new trial. With seven of the
questions, therefore, we have here no concern, and have infinite
satisfaction in disencumbering the case of such vexatious trifling--for
such we consider it--and laying before our readers the remaining four
questions which tended to raise the SINGLE POINT on which the judgment
was reversed; a point, be it observed, which was not, as it could not in
the nature of things have been, made in the court below--arising out of
proceedings which took place after the court below, having discharged
their duty, had become _functi officio_. Those questions were,
respectively, the first, second, third, and last, (the eleventh,) and as
follow:--

_Question I._--"Are all, or any, and if any, which of the _counts of the
indictment, bad in law_--so that, if such count or counts stood alone in
the indictment, _no judgment_ against the defendants could properly be
entered upon them?"

_Question II._--"Is there any, and if any, what defect in the _findings
of the jury_ upon the trial of the said indictment, or in the _entering_
of such findings?"

_Question III._--"Is there any sufficient ground for _reversing the
judgment_, by reason of any defect in the indictment, or of the
findings, or entering of the findings, of the jury, upon the said
indictment?"

_Question XI._--"In an indictment consisting of counts A, B, C, when the
verdict is, _guilty of all generally_, and the counts A and B are good,
and the count C is bad; the judgment being, that the defendant, '_for
his offences aforesaid_,' be fined and imprisoned; which judgment would
be sufficient in point of law, if confined expressly to counts A and
B--can such judgment be reversed on a writ of error? Will it make any
difference whether the punishment be discretionary, as above suggested,
or a punishment fixed by law?"

The above questions may be stated shortly and substantially thus:--Are
there any _defective counts_ in the indictment? Any defective _findings_
of the jury? Any defects in _entering_ the findings? Can judgment be
reversed on any of these grounds? If one only of several counts in an
indictment be bad; a verdict given of "guilty" generally; judgment
awarded against the defendant "for _his offences_ aforesaid,"