Presbury v. Commonwealth

Judge Ewing

delivered the Opinion of the Court.

On the trial of an indictment against George G. Presbury, for an assault and battery, the jury found him guilty; and assessed his fine to the Commonwealth at three hundred and fifty dollars.

After the verdict was rendered, it was discovered, as is shown by the affidavit of himself and counsel, that one of the jurors was an alien, and upon that ground, among others, he moved for a new trial, which being overruled by the Court, he has appealed to this Court.

On two occasions, has the question been raised in this Court, whether alienage alone, in one…