Heisel, J.:
We think the statute is perfectly clear, and that it applies to this case; that this being the first term, the defendant may be held to bail until the next term, and must be indicted and tried at the next term or discharged. We distinguish this case from the case of In re Tomer et al., 3 Pennewill 31, 50 Atl. 268, because in that case the offense charged was a misdemeanor.
ICillcourse was held in one thousand dollars bail for his appearance at the following November term.