State v. Fuentes

The judgment of the court was pronounced by

Preston, J.

The defendant being a foreigner, and subject of the Queen of Spain, asked for a trial by a jury de mediatate linguce, selected as provided by the common law of England. The privilege of a foreigner in England to demand a trial by a jury composed one-half of aliens, has generally been referred to the statute of 28th Edward III., chap. 13, sec. 2. But, as observed by the counsel of the accused, the statute was, no doubt, declaratory of the common law of England; and that the right was established by some of the conquerors of England, on…