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and at the close of the reading the Judge said, that the decision of those questions disposed of the case, and left no question of fact for the jury, and that he should therefore direct the jury to find a verdict of guilty. The judge then said to the jury that the decision of the Court had disposed all of there was in the case, and that he directed them to find a verdict of guilty; and he instructed the clerk to enter such a verdict.
At this time, before any entry had been made by the clerk, your petitioner's counsel asked the Judge to submit the case to the jury,
