People v. Caruso

The respondents were jointly charged with the larceny of three horses, in violation of the provisions of section 11595, 3 Comp. Laws. The respondents were tried together, and were represented by the same counsel. After five jurors had been peremptorily challenged by respondents’ counsel and excused by the court, respondents’ counsel peremptorily challenged William Hyde, one of the twelve jurors then sitting. The court overruled this sixth peremptory challenge, respondents’ counsel duly excepted, and Juror Hyde sat as one of the twelve jurors who tried the case.

The record upon the subject of…