United States v. Woodruff

MeLEAN, Circuit Justice.

Mr. Butterfield appeared for the defendant, and the cause being called, objected to a trial, on the ground that the jurors had not been sum*762moned conformably to the act of congress of the 20th of July, 1840 (5 Stat 304]. That act required the jurors to be selected as jurors were selected under the state laws. By an aarly rule of this' court, the “clerk is required to issue a venire facias, commanding the marshal to summon twenty-four persons to serve as traverse jurors.” By the act of September 24, 1789, § 29 [l.Stat. 88J, it was provided, “that jurors in all cases to…