case Cholmley case a indictment against two that they insultum to make be good  although the grand jury find ignoramus as to one of they   cro Elizabeth hale  hawk p c and see the case of king v fieldhouse Cowp a indictment conclude con  for slat for a offence not punishable by the commonlaw be bad if there be no  statute to support it a indictment for battery conclude con for stat be bad a  indictment for a assault at a aforesaid be bad if no place be previous mention  post indictment against jasper Cholmley and John Cholmley of Hoxton in the  county of Middlesex gentleman for that they insultum to make upon John Higham  doctor of physic in church de Shoreditch prediction et predict John Higham ad  tunc et ibidem in church de Shoreditch predict verberaveru cannot be injured  et male tractaveru contra form to cause to stand c the grand jury find billa  true as to jasper Cholmley and ignoramus for John Cholmley and hereupon be  appear and plead not guilty and it be find against he croak car roll now move  in arrest of judgement that the indictment be not good be to make whereas it  be find only billa true against one say non allocatur because it be exhibit  against two and it be but false Latin second because the indictment be contra  form to cause to stand and this offence be not punishable by the statute  unless that he smite with a weapon or draw a weapon in the church or  churchyard or draw a weapon to that intent which be not mention in the  indictment and by the second clause in the statute for smite or lie violent  band it be excommunication Self facto and it be not mention here how he strike  and thereof the justice doubt Jones justice say that the indictment be good  for battery at the commonlaw but all the other justice be against he therein  for the indictment conclude contra form to cause to stand it can be good as  for a offence at the commonlaw but afterward another exception be take by  Grimston because the offence be allege to be do in the church of Shoreditch  aforesaid and Shoreditch be not name before and upon view of the indictment it  appear to be so all the court hold that the indictment be void and for this  cause the judgement be stay croak car er p