Avila v. United States

This case involves the time within which the defendant in a criminal case must exercise his peremptory challenges.

The bill of exceptions does not disclose all that occurred in connection with the im-panelment of the jury. It is stated: “Whereupon proceedings were then had and taken to impanel a jury in said cause and in said proceeding, the defendant having exercised five peremptory challenges the panel of jurors was exhausted and there remained in the jury box only eleven jurors, [naming them] who were examined and passed by both plaintiff and defendant as to any and all challenges for…