The Lawyers Reports Annotated, Book 1-70; All Current Cases of General Value and Importance with Full Annotation ... 1888-1905: Extra Annotated Ed., W

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... a cause of challenge. it was not suflicient ground for granting a new trial. The principle of Hollingsworth v. Duane. supra. was maintained in MoCorkle v. Binns. 5 Binn. 348. 8 Am. Dec. 020; Presbury v. Com. 9 Dana. 206: and in a case in Illinois where the fact of alienage was unknown to the parties at the trial. Chase '. People. 40 Ill. 352. approved in Davison v. People. 90 Ill. Q1. See. to the same eflfect. Kennedy v. Com. 14 Bush. 340; and George v. State. 39 Miss. 570. a capital case: Bennett v. Matthews. 40 How. Pr. 428. But in Vermont a verdict rendered by jurors one of whom is an alien will be set aside it the disqualification is unknown by the defeated party and his counsel Richards v. Moore. 60 Vt. 449; Quinn v. Halbert. 52 Vt. 858. In Hill v. People. 16 Mich. 351. a juror sat who was excluded by statute. being an alien. a fact unknown at the time by the defendant.aud a new trial was granted. In People v. Scott. 66 Mich. 154. one of the jurors was an alien. but a new trial was refused because that fact was known to the objecting party at the time of the trial. In People v. Reece. 3 Utah. 72. a juror falsely swore that he was a citizen of the United States. The complaining party was held not to have waived his right to a jury of twelve qualified men. he not having shown negligence. and a new trial was granted. 4. Want 0! property qualifications. In Draper v. State. 4 Baxt. 253. a new trial was asked for because a juror was neither a freeholder nor a householder. facts of which the defendant was ignorant at the trial. The motion was denied. State v. Crawford. 8 N. C. 298. was a case where a juror was not a frecholder. which was not known to defendant till after trial. but a new trial was refused. In Briggs iv. Georgia. 15 Vt. 61....