case the queen against INGERSALL a writ of attaint lie by the queen alone on a  verdict for the defendant in a who lamb information but though the grand jury  find that a false fact be give in evidence yet the petty jury shall not he  attaint if such fact be not material to the point in issue ante I Ro ab Leon  Jones   light Vaugh     Carth ld ray Mod salk skin Mod Inst Bl Com attaint the  case upon special verdict be brook have sue a information for the queen and  himself against the defendant upon the statute for buy of cattle out of fair  or market c and suppose he buy the cattle of one Pearepoint el other pardon  the defendant plead not guilty and the jury field for the defendant upon this  the queen alone for she can join with the party biought a attaint and the  grand jury in the queen hench pasch Elizabeth fir d this special verdict sure  that it be give in evidence to the petit jury by one Whitworth that the  defendant out of fair and market do boy forty cattle which be the cattle of  Pearepoint but they find that in truth the cattle be buy of Whitworth as the  cattle of Whitworth and that it be not give in evidence that they be buy of  Whitworth as the cattle of Whitworth and if upon the whole matter c and it be  argue by coke and Mann for the queen that upon this matter the jury be to he  attaint for here the point in issue be find that they mere buy out of fair or  market and it be not material if they be buy of he that be name croak  Elizabeth er p in the information or of other and then the petit jury be to  find he croak Elizabeth guilty and for that cite Henry bro issue and a case in  the exchequer Elizabeth in a information for buy of corn of I S contra form to  cause to stand and the jury find it be buy of I b and adjudge against the  defendant and so the justice do agree here that the buy of the cattle of any  other person be sufficient to maintain the information and although it he  matter of law yet the jury find the contrary to it a attaint lie as be  Pleadals case Elizabeth and Elizabeth dyer it be here say by the justice that  if the judge deliver the law to the petit jury and they find accord although  he mistake the law the jury shall not he attaint a and it be move if a attaint  lie where verdict passes against the queen upon a information and the court  hold it do but in the principal case the court hold that there be no  sufficient matter to attaint the petit jury for it appear that the evidence  give to they be false in part and although the falsity be in a point not  material sure that the cattle be the good of Pearepoint whereas they be the  good of Whitworth yet by reason of this falsity the jury need not give he  credit in any other part and so they have no cause to find their verdict upon  this oath against the defendant and here though it be find he sell they ut  averia Whitworth yet this be a express averment that they be the good of  Whitworth have in plead it be allege that land descend to one ulfilio et  hceredi