State v. Wolf

1 Section 4399 of the Code of 1873 provided that, “when several defendants are tried together, they are not allowed to sever tlieir challenges, but must join therein.” This express language was not carried into the Code of 1897, and in the trial of this case the court refused the defendants separate peremptory challenges. It will be conceded, we think, that, in the absence of statutory enactment changing the rule of the common law, each defendant tried jointly with others would bo personally entitled to the full number of peremptory challenges fixed by law. Hence wo must determine whether the…