The next preceding case of Stratton v. The Commonwealth disposes of all the material points in the present case.

*223It was suggested that there was an irregularity in the mode of trial, arising from the fact that no plea was tendered by the party. But the case shows that the party fraudulently and wilfully stood mute, and that thereupon fhe case was tried in the same manner as if the party had pleaded not guilty. To this course the petitioner cannot object.

Petition di; missed.