Anonymous

Indictment for assault and battery in the County Court; appeal to this court. The defendant in the County Court, pleaded guilty, and submitted to the Court. The defendant may waive his former submission, and plead not guilty. This court cannot act on his submission in the court below. The defendant again pleaded guilty, and submitted his case to the Court, — the evidence was heard.

Some conversation took place at the bar respecting the right of concluding the argument.

When a defendant submits his case without argument, the right of conclusion belongs to the defendant's counsel.¹

¹ 2 Bay, 451.