Arnold v. State

The punishment for larceny of a hog is fixed by statute at “not less than two nor more than four years.” Code, §§ 26-2611, 26-2609. Code § 59-805 provides that, at the trial of every offense which may subject the defendant to “death or imprisonment in the penitentiary for not less than four years,” the defendant may peremptorily challenge twenty jurors from those impaneled to try him. The term “not less than” four years in Code § 59-805 includes the amount of exactly four years. Worth v. Peck, 7 Pa. (7 Barr) 268, 272; In re Gregg’s Estate (Pa.) 62 Atl. 856, 857; O’Day v. People, 114 Colo. 373…