State v. Shay

The opinion of the court was delivered by

DeBlanc, J.

Daniel Shay was indicted for the murder of John Mc-Donough. He was tried and the jury returned against him the qualified verdict of “ guilty without capital punishment. He applied for a new trial, but his application was refused. To obtain it, he relied in the lower court, and ho relies here, on the grounds that—

First — No correct list of the jurors was served on Mm, as the only one which was served contained the names of twenty-seven jurors who— before his trial-had been excused, and he was apprised of that fact after nine of those by whom…