After verdict, it was moved in arreſt of judgment, that one John Wale was returned upon the venire facias, and upon the diſtringas one John Wats was returned and ſworn. Upon examination it appeared that the juror was named John Wats, and not John Wale.—Wherefore the Court held, that the trial was ill, and the record not amendable. But it was then moved, Whether there might be a venire facias de novo, or that the writ ſhould abate?—And it was reſolved, that venire facias de novo ſhould be awarded; for the fault was only in the trial.