case Penryn against CORHET Trinity term Elizabeth roll in a appeal of murder  the ju r may acquit of the murder and find not guilty general or guilty of the  homicide and be a verdict for the crown and not for the party it may be pardon  but the appellant can enter a nonsuit though he may a retraxit ante post more  Noy latch   appeal of murder of the death of his brother it be try by nisi  prius in London and all the justice of the king bench sit upon it in the  guildhall in London the jury find he not guilty of the murder but guilty of  homicide and this by advice of the court they may well do and they may if they  will if they think he not guilty of the murder have find Iiimvnot guilty  general and not have speak of the homicide and it be at their election in this  case how they will give their verdict afterward this matter be move in court  whether this erdict be well find and shall he a conviction for the  homicide?Popham say that itwas so rule by the croak Elizabeth advice of all  the justice of England in Stowels case vide the case of write and Wiggs where  the jury find he not guilty general and will not find he guilty of the  homicide although the evidence be pregnant that he be guilty thereof yet it be  good by the advice of all the justice of both Henches the defendant then plead  the queen pardon and pray to have it allow and a precedent be show pasch  Elizabeth rot musgrave ease where the defendant plead the queen pardon rei  this very case and it be allow although in Elizabeth dyer there be a quere  thereof but Popham say it be a strong precedent for it be hard the queen shall  pardon that which be the suit of the party and there be no question if it have  be a appeal of homicide as it well may the queen can not have pardon it  whereto coke the queen attorney of counsel with the defendant agree for it be  mere the suit of the party but here the suit of the croak Elizabeth er p party  be a appeal of mur der and that wherein he be find guilty be not for the party  but for the queen wherefore the court will advice thereof until the next term  afterward pasch Elizabeth the plaintiff be compound with will have be nonsuit  and the court doubt whether it may he allow be after a general verdict  although it be in another term it be then pray that a retraxit may he enter  thereof and therein also the court doubt whether it may he a but they will  advice