Majority
p. 487Tower v. Wilson, Sheriff of Washington. was stopped by the court,
Headnote
SHEPHARD moved in arrest of judgment on the following grounds : 1st. That there was a variance between the issue roll and nisi prius record ; the memorandum in the first being of January term, 1803, and that of the latter in 1804. 2d. That there was no special.suggestion, that the sheriff of the county was interested, and no special award to the coroner, who appeared to have returned the venire.Foote, contra,
The issue roll is allowed to be correct, and the circuit record is always amendable by it, on payment of the costs of the motion made. The second error is within the spirit of the statpte of jeor fails, which, after verdict, cures the award of a venire to an improper officer, on an insufficient suggestion; a fortiori if the award be to the right person. Take nothing by your motion.