State v. Jackson

The defendant, Anderson Jackson, having been convicted and sentenced “for setting at liberty, by force and without due authority, a person in custody for an offense not capital,” has, appealed, after having unsuccessfully attempted to obtain a new trial and to arrest the judgment.

Both motions are predicated upon the hypothesis that only forty-six; jurors were drawn on the panel. This is a question of fact. No bill'' of exceptions having been taken to the ruling of the judge, this court has not the power to examine the question of fact. Art. 74 of Conati-. tution.

*538'But, inasmuch as no objection…