State v. Chadbourne

The defendants have been tried and found guilty of murder. The case is before the law court on exceptions. The exceptions state that while a jury -was being impaneled to try the defendants, the attorney for the State claimed and was allowed four peremptory challenges. The defendants contended that the State was entitled to only two peremptory challenges, and that the allowance of four was erroneous. We think not. We think the State was entitled to five peremptory challenges. The act of 1872, c. 78, gave the State that number in capital cases; and, notwithstanding this act was for a time…