e are also bad counts in the indictment," is applicable to that
stage only of the proceedings at which a motion is made in arrest of
judgment; _i. e. before the judgment has been actually given_, and not
to the stage at which a writ of error has been obtained, viz. _after the
judgment has been actually given_.

This proposition was adopted by Mr Justice Coltman; while Mr Baron
Parke--for reasons substantially identical with those of Lords Denman,
Cottenham, and Campbell--declared himself unable to overthrow it.

As to the "opinion that one good count, properly found, will support a
judgment warranted by it, whatever bad counts there may be," Mr Baron
Parke said,--"I doubt whether this received opinion is so sufficiently
established by a course of usage and practical recognition, though
generally entertained, as to compel its adoption in the present case,
and prevent me considering its propriety. After much anxious
consideration, and weighing the difficulties of reconciling such a
doctrine with principle, I feel so much doubt, that I cannot bring
myself to concur with the majority of the judges upon this question."

Without for one moment presuming to suggest any invidious comparison, we
may observe, that whatever may be the learning and ability of the two
dissenting judges, the majority, with Sir Nicholas Tindal at their head,
contains some of the most powerful, well-disciplined, long-experienced,
and learned intellects that ever were devoted to the administration of
justice, and all of them thoroughly familiar with the law and practice
in criminal proceedings; and as we have already suggested, no competent
reader can peruse their judgments without feeling admiration of the
logical power evinced by them. While Mr Baron Parke "_doubts_" as to the
soundness of his conclusions, they all express a clear and _decisive_
opinion as to the existence of the rule or custom in question as a rule
of law, and as to its reasonableness, utility, and justice.

The reading of these judgments occupied from ten o'clock on the Monday
morning till three o'clock in the afternoon, when the House adjourned
till Wednesday; having first ordered the opinions of the judges to be
printed. There were a considerable number of peers (among whom was the
Duke of Cambridge) present, and they listened attentively to those whom
they had summoned to advise them on so great an occasion. Lords
Brougham, Denman, Cottenham, and Campbell sat near one another o