Mitchell v. Likens

There is but one objection raised to the record, judgment, and proceedings in this case, and that is exhibited in a bill of exceptions.

It appears that when the cause was called for trial in the Circuit Court, and the jury were about to be sworn, the defendant challenged the array for misconduct, neglect, or default in the clerk, in not having recorded the panel, as he'is, by the 1st-section of the act regulating the mode of “summoning and impanelling grand and petit jurors,” of the 29th day of January, 1831, required to do; and that the Court'overruled the challenge, and the jury were sworn.

We…