coke Report43a hudson v lee hit Elizabeth in the king bench see Midland  insurance company v smith Q b d Brunsden v Humphrey Q b d it be a good plea in  bar to a appeal of maihem that the appellant have recover damage in a action  of trespass bring for the same assault batterer and wound S a more Leon Hudson  bring a appeal a of maihem against lee and declare that the defendant the that  day of Jan Elizabeth felonious maihemed he in his leave hand jig the defendant  plead that heretofore and before the appeal commence the plaintiff bring a  action of trespass in the common plea of assault battery and wound against the  defendant the same that day of January year aforesaid to which the defendant  plead not guilty and be find guilty and damage assess to mark for the assault  battery and wound and ten shilling cost and judgement thereupon give and  satisfaction acknowledge before the appeal bring and aver that the battery and  wound in the say action of trespass and the say maihem whereof the appeal be  now bring be all one and not several and it be move that it be no bar for two  reason because the appeal of maihem be of a high nature than the action of  trespass for in the appeal the plaintiff declare that the defendant felon  maihemed he vice ass where the plaintiff declare that the defendant felon a ut  felon dom king maihemed he and the rule of the law be that a recovery or bar  in any action be a good bar in another action of a equal or inferior nature  but not in a action of a b superior nature as a recovery or bar c in assize be  a good bar in another assize e h c but not in mortdauncester ass nor be a  recovery or bar in mortdauncester d a bar in a writ of right e f n b ass e  Entre big and a bar in a action of trespass of if good take away be no bar in  appeal of robbery for the appeal of robbery be high as it be hold in r and  this be move admit the appeal be bring for the same thing for which the action  of trespass be bring but it be further move that the appeal be bring for the  maihem only and therefore it be say felon which can be apply to trespass and  the action of trespass for the battery and wound which do not touch the maihem  and therefore it be agree in ass that after the plaintiff in the appeal have  recover for the maihem g he may have a action of trespass for the battery  whereby it appear h Inst Inst die Q pl Cr e I   a a appeal of murder treason  felony or other offence abolish stat Geo c a Br bee b   b   a c Doct pl d Doct  pl e f n b n f Doct pl g Leon Br appeal Br trespass coke report b er p that  the appeal concern the maihem only but it be resoldered per tot curian that  the h bar be good for in all case when the plaintiff for a wrong or injury be  only to recover damage he shall not be twice satisfy for one and the same  thing juxta mock I no one debet bis to punish pro to make one fault et king  Deus non stir about bis in Self but in both these action so of appeal and  trespass the plaintiff shall only recover damage I and it appear to coke  Report43b the court by the defendant bar which the plaintiff by his a demurrer  have confess that he himself in the action of trespass which he bring for the  battery and wound have recover damage for the maihem for wound include the  maihem and more and the defendant have aver that the wound in the action of  trespass and the maihem in the appeal be all one so although the appeal of  maihem be a high action yet forasmuch as he shall therein only recover damage  and damage he have recover in the action of trespass it be therefore resolve  that the bar in the case at bar be good and Wray chief justice say that so it  be b now late adjudge in this very court which record he have see and it agree  with the book in ass and the book r be good law for in the appeal of robbery  the plaintiff shall have judgement against the defendant for his life and not  for any damage