text:  If the question of law be adjudged _in favour_ of the accused it is attended with the same results as an acquittal in fact except that he may be indicted afresh for the same offence; but if the question be determined _against_ the prisoner the law in its tenderness _will not_ allow him at least in cases of felony to be punished for his misapprehension of the law or for his mistake in the conduct of his pleadings but will in such case permit him to plead over to the indictment--that is to plead not guilty; the consequences of which plea we will consider hereafter