case banson against offley on a appeal of murder charge that a give the mortal  will and that b be present aid and assist a verdict find that b give the will  and that a be present and assist be good SC comb SC show S c salk Staunf Plowd    ld ray Mod salk pale yellow eved hale hale see hawk p c Douglas the case of  Simms and Merrywether cite in Royces case burr the coalheaver case case in  crown law and the case of tailor v shaw case in crown law a indictment or  appeal of murder when the mortal blow be give in one county and the party die  in another may be try by a jury of the county in which the death happen stand  dyer   z Inst Yelv cro car a appeal of murder be try in Cambridgeshire against  three person and the count be that Offley assault the husband of the appellant  and wound he in Huntingdonshire of which will be languish and die in  Cambridgeshire and that Lippon and Martin be assist the jury find a special  verdict in which the fact appear to be that Lippon give the will and that  Martin and Offley be assist the first exception to this verdict be that the  count and the matter therein allege must be certain and so likewise must the  verdict otherwise no judgement can be give but here the verdict find that  another person give the stroke and not that person against who the appellant  have declare it be direct against her own show second exception this fact be  try by a jury of Cambridgeshire when it ought to have be try by a jury of both  county the court answer to the first exception that it be of no force and that  the same objection may be make to a indictment where in a indictment if one  give the stroke and another be abet they be both principal and equal guilty  and a indictment ought to be as certain as a count in a appeal as to the  second exception it be a good trial by a jury of Cambridgeshire alone and this  upon the statute of Edward c the word of which be videlicet where any person c  shall hereafter be felonious strike in one county and die of the same stroke  in another county that then a indictment thereof find by the juror of the  county where the death shall happen whether it be find before the coroner upon  the sight of the body or before the justice of the peace or other justice or  commissioner who shall have authority to inquire of such offence shall be as  good and effectual in the law as if the stroke have be in the same county  where the party shall die or where such indictment shall be find it be true  that at the commonlaw if a man have receive a mortal will in one county and  die in another the wife modern or next heir have their election to bring a  appeal in either county but the trial must be by a jury of both county but now  that mischief be remedy by this statute which do not only provide that a  appeal shall be bring in the county where the party die but that it shall be  prosecute which must be to the end of the suit Adjournatur the court be clear  on these exception and incline to give judgement but on other error be mention  the case be adjourn SC comb a