text:  Now the rule custom or practice--call it what you will--which has been annulled by the House of Lords was admirably adapted to meet in combination with the allowance of several counts the practical and perhaps inevitable difficulties which beset the attempt to bring criminals to justice; to prevent any injurious consequences from either _defective_ or _unproved_ counts; and we think we may truly state that no single instance as adduced during the argument of actual mischief or injury occasioned to defendants by the operation of this rule--we believe we may safely defy any one now to produce such a case