By the common law, approvement is said to be a species of confession, and incident to the arraignment of a prisoner indicted for treason or felony, who confesses the fact before plea pleaded, and appeals or accuses others, his accomplices in the same crime, in order to obtain his own pardon. In this case he is called an “approver.” or “prover,” “probator,” and the party appealed or accused is called the “appellee.” Such approvement can only be in capital offenses, and it is. as it were, equivalent to an Indictment, since the appellee is equally called upon to answer it. Gray v. People. 20 111. 344; Whiskey Cases, 99 II. S. 599, 25 L. Ed. 399; State v. Graham, 41 N. J. Law, 15. 32 Am. Rep. 174.

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