Descamps v. Dutihl , 4 Yeates 441 ( 1807 )

By the Court.

The practice has been correctly stated. Tidd’s Pract. 590. Dublin ed. 320. It was introduced to serve the purposes of justice, where no evidence has been adduced on the defective count. But here the jury have formed their verdict on the whole matter, and the count is not bad or inconsistent. Granting the motion would tend to harass the defendants.

Motion denied.