Rochester v. Dun

OPINION of the Court, by

Judge Boyle.

— -This was an action of trespass assault and battery. At the rLl^es 111 the clerk’s office next after the filing of the declaration, the general issue of not guilty was pleaded on Part ^le ^efen^aatt (who is now appellant) and at l'le court following, the plea of son assault demesne was added, and issue being taken thereon, the cause was continued. When the cause was called for trial at the succeeding term, the defendant moved the court for leave to withdraw the plea of not guilty. “ It appear-\a„ to courr fas alleged by the bill of exceptions herein) that…