case young against Slaughterford appeal of murder after acquittal direct by  holt Q si just Slaughterford be indict at Kingston assize for the murder of  jane young and the jury there acquit he against evidence holt chief justice  who try he remand he and order a appeal to be bring against he the appellee be  bring up by habeas corpus and commit to the Marshalsea a appeal be accord  bring and be bring to the bar and arraign in French he plead in abatement that  the will in which he be commorant be Shauford without hoe that it be Shalford  a see this point argue post a Mr Raymond for the appellant say that the  appellees plea be not to be receive without a affidavit since the statute Ann  c for amendment of the law it be a dilatory plea the court at first incline  that the plea can not be receive without a affidavit criminal cause not be  except out of the Act but the appellee be bring the next day the court be of  opinion that the plea may be read without a affidavit because though this plea  for the most part be dilatory yet it be not in this case for the appellee must  plead over and modern report issue join on that as well as upon not guilty and  both may be try at the some time b by Ann c S it be provide that nothing in  this Act before contain shall extend to appeal or indictment but by a  subsequent clause S it be enact that no dilatory plea shall be receive in any  court of record unless the party offer such plea do by affidavit prove the  truth thereof or show some probable matter to the court to induce they to  believe that the fact of such dilatory plea be true and it have be determine  that a plea in abatement for a misnomer of the place of residence in a  indictment must be verify for that the seven section of the statute do not  extend to the eleven king v Grainger burr burr it seem that a plea to the  jurisdiction on a indictment at bar need not be verify kinlock case foster S c  will and a plea in abatement on a appeal appear to have be admit without  affidavit in the case of reeves v Trundal stram b and accord the plea be  receive and read in French by his counsel the appellant counsel instanter join  issue in French to which the appellees counsel say semblement the court order  that a venire shall be issue out bear testae the first day of term and the  appellee shall be try at the bar upon which the appellee be remand to the  custody of the marshal because none will be bind body for body for he the  court say there must be four bail in a appeal of murder holt chief justice  order that his iron shall be take off when he be bring into court