25 F. Cas. 310
U.S. District Court
Decided January 15, 1802
U.S. District Court · decided 1802-01-15
Indictment, under the act of congress of 1790 (1 Stat. 112), for stealing. [Michael Car-rigo], contended that he had a right to a peremptory challenge. He contended that the prisoner was charged with felony; and by the law of Virginia (Rev. Code, 110) “no person charged with murder or felony shall be admitted to a peremptory challenge of more than twenty,” which implies the right peremptorily to challenge that number.
Decided 1802-01-15
¶1decided that in cases not capital the prisoner has not a right to the peremptory challenge.
¶2THE COURT refused to permit the attorney for the United States to bring evidence of the general bad character of the prisoner, unless the prisoner should first bring evidence in support of his general character.