Legal Opinion

Pearce v. United States

Court of Appeals for the Fifth Circuit

Decided December 19, 1911No. 2,270PublishedCited by 9 opinions

In Error to the District Court of the United States for the Northern District of Texas. H. H. Pearce was convicted of willful misapplication of the funds of a national bank, and brings error.

1Per curiam

[ 1 ] The plaintiff in error complains that a preliminary ruling of the trial judge restricting the number of peremptory challenges to which he was entitled was erroneous; but he makes no complaint that any juror who tried him was unfair or partial, or that any particular juror who tried him was objectionable to him or would have been peremptorily challenged but for the ruling complained of-It follows that, if the ruling complained of was erroneous, it was harmless.

[Z] The right of peremptory challenge of jurors is one to reject, and not to select. Hayes v. Missouri, 120 U. S. 68, 7 Sup. Ct.…

2Cases cited2 opinions

  1. Hayes v. MissouriSupreme Court of the United States · 1887
  2. Spies v. IllinoisSupreme Court of the United States · 1887

3Cited by9 opinions

  1. United States v. John R. Adamson, IIICourt of Appeals for the Fifth Circuit · 1983
  2. United States v. John R. Adamson, IIICourt of Appeals for the Fifth Circuit · 1982
  3. State v. SanchezNew Mexico Supreme Court · 1954
  4. Heitler v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  5. Hoffman v. United StatesCourt of Appeals for the Eighth Circuit · 1927

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