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4 S.C.L. 1

State v. Stalmaker

Supreme Court of South Carolina

Decided November 15, 1805

Supreme Court of South Carolina · decided 1805-11-15

Indictment for passing a counterfeit bank hill of the Bank of the United States, tried before Waties, J., jit Edgefield district. ^ After the prisoner had made his peremptory challenges at the trial, and had accepted a certain juror, who was about to be sworn, the soli, citor objected to him on the part of the State, wilhout shewing cause. The right of the State to such a challenge was questioned, and made one of the grounds for p new'trial in this case.

Decided 1805-11-15

The court,

¶1all the judges present, overruled the exceptions insisted on for the prisoner. By the statute, -S3 Ed. 1, the common law right of the king to an unlimited right of challenging jurors peremptorily, is restrained. Cause must be shewn; but need not be shewn till the prisoner has gone through with his tíhallenges. This statute, however, is not of force here. Martin was the best, evidence the nature of the case admitted of. The officers of the bank who signed the bills, could not be witnesses in the case, because interested.

¶2New trial refused.

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