case loud against SCREWDENS in appeal the plaintiff must appear in person if  not he may be demand and nonsuit but the appeal may be alter accord to the  truth of the fact before it be file S c Mod in a appeal of murder the  plaintiff count at bar in not common with others mask but the roll put into  court where the count be enter be by attorney a exception be take that the  appellant be nonsuit for that be appear by attorney where he ought to come in  person and such appearance be void and so nonsuit by default and if not a  nonsuit the appeal be discontinue for he ought to modern report er p appear  modern report instanter which he have not do for at the day of the return of  the writ the appellant ought to have count instanter but his count be by  attorney which be no count and then the appeal be discontinue as if a woman  bring a appeal de death man and at the day of the return the party appear but  at the day the sheriff non to cause to go breve wherefore the plaintiff pray a  alias but the appellee demand a count and because she refuse the appellee be  discharge a easter term Henry roll rastal App cite in the case of Egerton v  Morgan Bulst a curian contra the appellant here shall not be nonsuit for none  can be nonsuit that be not demand but he be not demand wherefore appearance by  attorney can be a nonsuit b Inst b in a appeal of mayhem the plaintiff come by  attorney which can not be and the plaintiff be demand and for default nonsuit  but there it be plain that if he have appear on demand he can not have be  nonsuit so here if the appellee will nonsuit the appellant he must have demand  he but here the appellant be present and view by the court and shall not be  nonsuit if demand at a day he be not demandable at then as to the  discontinuance that can be before imparlance but the day the court take to  advice shall not make a continuance but shall be intend the first day it be  true the appellant have a day by the roll and by the writ and on every one of  they be demandable in the case in rastal be come on the day by the roll and  because he refuse to count the appeal abate here he appear on the day give by  the writ and have count and that in not common with others mask as he ought  and though the roll be per attorney that shall be alter though a appeal can be  alter at commonlaw nor by any statute of jeofail yet it may be alter accord to  the truth of the fact before it be file or become a record whereupon the roll  be amend and the defendant plead not guilty and it be say in this case that  where the grand jury or inquest find a man guilty he be oust of battle on  appeal