“ In robbery, mayhem, and arson, the parties injured must be the appellants. In rape, the appeal must be made either by the husband or the next of kin. In murder, the appeal is given to the wife, on account of the loss her husband; and therefore, if she marries again before or pending her appeal, the appeal is gone. But if there should be no wife, or she herself be implicated or suspected, the appeal devolves upon the next heir-male of the murdered ancestor. ”