State v. Young

The opinion of the court was delivered by

Swayze, J.

The defendants were indicted at the Essex Oyer and Terminer for manslaughter. The indictment has been removed by certiorari into this court. The defendants now move for a trial at the bar of this court and for a struck jury, to be selected from a county other than Essex.

*593"VVe think we are without power, under existing statutes, to grant either motion.

The right to a trial at bar, as it originally existed, has been limited in this state by a statute passed in 1799, and now printed as section 229 of the Practice act. Gen. Stat., p. 2570. This…