Thayer v. People

Thayer, the plaintiff in error, was indicted at the May Term, 1846, of the circuit court, for burglary; and, before the grand jury by whom the bill was found were sworn, moved, by his counsel, to quash the array of grand jurors for the reason assigned, 1. That six of the towns of the county made no returns of jurors for the year 1845, and1 2dly. That the fourteen- towns who made their returns,, made them irregularly. Which motion was resisted By the prosecuting attorney, and overruled by the court. This proceeding has, by writ of error, been brought inter this court.

At common law, if a man-…