Archbold's Pleading, Evidence, & Practice in Criminal Cases
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465; 7 St. Tr. (N. S.) 1, 43, 359. In misprision of treason, it seems to be doubtful whether peremptory challenge is allowed. See 2 Hawk. c. 43, s. 6 ; 3 Co. Inst.
27 a. In cases of misdemeanor, though no right of peremptory challenge exists in England, it is usual for the officer, on application to him, to abstain from calling any reasonable number of names objected to either by the prosecutor or by the defendant , taking care that enough are left to form a jury ; and this practice has often b...een sanctioned by the Court. See Dick, Q. S. 485, 486 (6th ed.) : R. v. McGowan, 11 Ir. C. L. Bep. 207, cit. ; 3 Ir. Jur. (N. S.) 403 : R. V. Blakeman, 3 C. & K. 97. As to Ireland, see 39 & 40 Vict. c. 78, 8. 10; Huband, Grand Jury in Ireland, 649, 652.
Where several defendants are tried by the same inquest for treason or felony, each has a right to the full number of his challenges ; and if they refuse to join in their challenges, the crown has the right of trying each, or any number uf them less than the whole, separately from the others, so as to prevent the delay which might arise from the whole panel being exhausted by the challenges.
What to read after Archbold's Pleading, Evidence, & Practice in Criminal Cases?
You can find similar books in the "Read Also" column, or choose other free books by Robert Ernest Ross to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
465; 7 St. Tr. (N. S.) 1, 43, 359. In misprision of treason, it seems to be doubtful whether peremptory challenge is allowed. See 2 Hawk. c. 43, s. 6 ; 3 Co. Inst.
27 a. In cases of misdemeanor, though no right of peremptory challenge exists in England, it is usual for the officer, on application to him, to abstain from calling any reasonable number of names objected to either by the prosecutor or by the defendant , taking care that enough are left to form a jury ; and this practice has often b...een sanctioned by the Court. See Dick, Q. S. 485, 486 (6th ed.) : R. v. McGowan, 11 Ir. C. L. Bep. 207, cit. ; 3 Ir. Jur. (N. S.) 403 : R. V. Blakeman, 3 C. & K. 97. As to Ireland, see 39 & 40 Vict. c. 78, 8. 10; Huband, Grand Jury in Ireland, 649, 652.
Where several defendants are tried by the same inquest for treason or felony, each has a right to the full number of his challenges ; and if they refuse to join in their challenges, the crown has the right of trying each, or any number uf them less than the whole, separately from the others, so as to prevent the delay which might arise from the whole panel being exhausted by the challenges.
What to read after Archbold's Pleading, Evidence, & Practice in Criminal Cases?
You can find similar books in the "Read Also" column, or choose other free books by Robert Ernest Ross to read onlineMoreLess
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