Respublica v. Coates

Thk declaration in this cause having been amended, a ve-nire had issued for the trial. Several terms ago, upon the prosecutor not bringing on the cause to trial, the court (according to the authority in the case of Regina v. Banks. 6 Mod. 246, 247) had assigned a day for the trial. The defendant was now desirous that the cause should be brought on, which the counsel for the prosecutor opposed, and urged that the former rule was virtually vacated by the amendment of the narr; and compared it to the case Dali. 405, where it was held that on a rule for trial or non pros, and a plea being added,…