People v. Scott

The respondent was convicted in the Recorder’s court of Detroit of a felony. After conviction he made a motion for a new trial based upon affidavits that one of the jurors by whom he was convicted was born in Canada and had never been naturalized. There was no showing that the fact had come to the knowledge of the respondent subsequent to the impaneling of the jury, and no reason was given for not taking the objection to the juror by way of challenge before he was sworn. The Recorder assumed the truth of the fact stated in the affidavits, but held that it constituted no ground for anew trial,…