Bennet v. State

Paiííe, J.

The plaintiffs in error, having been indicted for a riot, were tried and convicted. They moved for a new trial, upon affidavits showing that two of the petit jury which convicted them were on the grand jury which found the indictment, and that the fact was not known to them, or their counsel, until after the verdict. The motion was overruled, and they alleged exceptions, which were allowed and signed by the judge.

This court decided in the case of The State v. Vogel & Mollerus, 22 Wis. 471, that a similar motion in a criminal case, upon the ground that one of the petit jury was an…