State v. Button

The opinion of the court was delivered by

Miller, J.

The accused, indicted for murder, convicted without capital punishment, takes this appeal.

The bills of exception present the question whether the verdict of the jury should be set aside and a new trial granted the accused on the affidavits and proofs submitted on the rule for new trial and motion in arrest, that one of the jurors was a minor, and that the fact of his minority was not known, when, without any interrogation on that point, he was accepted as a juror.

When the juror is tendered the opportunity is afforded the accused to examine…