text:  Thus he addressed himself to _the point_ of the case:-- "_Is there error upon the record?_" * * * Did not the court below pass sentence upon the offences charged in the _first_ _second_ _third_ _fourth_ _sixth_ and _seventh_ counts in the indictment as well as upon the offences charged in the other counts? The record of that court tells us that it _did_; and if we are to see whether there be any error on that record and adopt the unanimous opinion of the judges that those six counts or the findings on them are so bad that no judgment upon them would be good how can we give judgment for the defendant and thereby declare that there is _no error_ in the record? The answer which has been given to this objection appears not only unsatisfactory but inadmissible