009

Page 9

by reason of the expiration of the term
at which said minutes and entries
were made and without such minutes
there was no legal indictment before
the Court upon which the said defendant
could be tried.

Fourth

The Court erred in overruling the motion
made by defendant to quash and
dismiss, and discontinue all further proceedings
in this case - and discharge the defendant
because the Statute under which the
alleged crime had been committed
and the indictment in this case [found?]
had been repealed prior to the com-
mencement of the said trial herein -
and because the court cannot pronounce
Sentence of death upon the defendant
as provided in the Statute in force at
the time of finding the indictment herein
and the Statute which went into force on
the 4th day of March AD 1876 and is still
in force, while it provides that the
punishment for murder in the first
degree shall be death - it neither provides
that the party convicted shall be shot
beheaded or hung or in any other
manner put to death - and
provides no way for carry up the Sentence