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ant shall be entitled to twenty and the United States to five peremptory challenges. On the trial of any other felony, the defendant shall be entitled to ten and the United States to three peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory challenges; and in all cases where there are several defendants or several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all challenges under this section. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. [See secs. 1031, 4303.] (Rev. Stats. sec. 819.)

Note. Any other felony means other offenses than capital (United States v. Coppersmith, 4 Fed. Rep. 198); and in such cases this section operates to give the defendant ten challenges, where the offense is declared by statute to be a felony; and where Congress punishes it by its common-law name and at common law it is a felony, or where Congress adopts a State law which designates it as a felony. (United States v. Coppersmith, 4 Fed. Rep. 198.) It is intended by the term "any other felony to designate other offenses than capital offenses. (United States v. Coppersmith. 4 Fed. Rep. 199.) On removal of a criminal case from the State court, the number of challenges is regulated by this section and not by the State law. (Georgia v. O'Grady, 3 Woods, 496; see United States v. Marchant, 12 Wheat. 480.) An objection that some of the grand jurors were not properly summoned or did not possess the proper qualifications cannot be taken by plea on abatement. (United States v. Tuska, 14 Blatchf. 5.) The Act of Congress of June, 1872, as embodied in this section, restricts parties indicted for felony to twenty peremptory challenges, and where several parties are indicted for a joint felony they are deemed a single party for the purposes of all challenges under that section. (United States v. Hall, 44 Fed. Rep. 883.)

§ 356. Challenges in summary trials. At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause in such cases shall be tried by the court without the aid of triers. (Rev. Stats. sec. 4303.)

§ 357. Grand and petit jurors. No person shall be a grand or petit juror in any court of the United States, upon any inquiry, hearing or trial of any suit, proceeding, or prosecution based upon or arising under the provisions of title "Civil Rights" and of title "Crimes," for enforcing the provisions of the Fourteenth Amendment to the Constitution, who is, in the judgment of the court, in complicity with any combination or conspiracy in said titles set forth; and every grand and petit juror shall, before entering upon any such inquiry, hearing or trial, take and subscribe an oath in open court, that he has never, directly or indirectly, counseled, advised, or voluntarily aided any such combination or conspiracy. (Rev. Stats. sec. 822.)

Note.--The right to require the panel to serve the term, to take the oath on, or be discharged from the panel, is limited to the district attorney. (Atwood v. Weems, 99 U. S. 183.)

§ 358. Rules in particular States.ALABAMA. All grand and petit jurors summoned for service in each division shall be inhabitants thereof. (23 U. S. Stats. 18.)

ARKANSAS.-In the western district of Arkansas such number of jurors shall be summoned at every term of the district court thereof, to be held at

FED. PROC.-56.

Heléna, as may have been ordered at a previous term, or by the district judge in vacation. And a

grand jury may be summoned to attend any such term when ordered by the court, or by the judge in vacation. In case of a deficiency of jurors, talesmen may be summoned by order of the court. (Rev. Stats. sec. 14.)

COLORADO. Whenever the terms of the said circuit and district courts shall be held at the same time and place, grand and petit jurors summoned to attend in either of said courts may serve in the other of said courts, and but one grand or petit jury shall be summoned to attend on said courts at one and the same time; but this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors successively, as the business of the courts may require. (Approved April 20, 1880, sec. 2; 21 U. S. Stats. 76; 1 Sup. Rev. Stats. 517.) Jurors in the district and circuit courts of the United States in and for the State of Colorado, shall be entitled to receive fifteen cents for each mile actually traveled in coming to or returning from said courts. (Approved, June 16, 1880; 21 U. S. Stats. 290.)

GEORGIA. All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. (21 U. S. Stats. 63; 1 Sup. Rev. Stats. 508; 25 U. S. Stats. 671, sec. 6.)

IDAHO.-Only one grand jury and one petit jury shall be summoned in both said circuit and district

courts. (Approved July 3, 1890; 26 U. S. Stats. 217.)

KENTUCKY AND INDIANA.-In the several districts of Kentucky and Indiana, such number of jurors shall be summoned by the marshal at every term of the circuit and district courts, respectively, as may have been ordered of record at the previous term; and in case there is not a sufficient number of jurors in attendance at any time, the court may order such number to be summoned as, in its judgment, may be necessary to transact the business of the court. And a grand jury may be summoned to attend every term of the circuit or district court by order of the court. The mar

shal may summon juries and talesmen in case of a deficiency, pursuant to an order of the court made during the term, and they shall serve for such time as the court may direct. (Rev. Stats. sec. 815.)

LOUISIANA.-All grand and petit jurors summoned for service in each division shall be residents of such division. (25 U. S. Stats. 388, 438.)

MICHIGAN. One grand and one petit jury only shall be summoned, and serve in both said courts at each term thereof; and jurors shall be selected and drawn from the division of the said district in which they reside and in which the terms of the said circuit and district courts to which they are summoned are held. (20 U. S. Stats. 175.)

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MINNESOTA. A grand and petit jury shall be summoned for each of said terms (of the circuit and district courts) which petit jury shall be competent to sit and act as such jury in either or both of said courts at such terms; provided, that the

judge of the district court may, in his discretion, dispense with the summoning or impanneling of more than one grand jury in each year in any of said divisions. (Approved April 29, 1890; 26 U. S. Stats. 73, sec. 6.)

MISSISSIPPI.Whenever the circuit and district courts in the southern district of Mississippi shall be held at the same time and place, only one grand jury and the necessary number of petit jurors shall be summoned for both courts, and they shall be the grand and petit jurors for both said courts. (Approved April 4, 1888; 25 U. S. Stats. 78.) Juries shall be summoned for the additional courts hereby created as now provided by law for the summoning of juries in said northern district. (22 U. S. Stats. 101.)

MISSOURI-Juries shall be summoned for the courts hereby created [in the several subdivisions of the districts], as now provided by law for the summoning of juries in the said districts, and whenever the circuit and district courts in either of said districts or divisions shall be held at the same time and place, jurors shall not be summoned for each of said courts, but for both said courts, and they shall act accordingly as grand and petit jurors for both said courts. (Approved May 14, 1890; 24 U. S. Stats. 424; 26 U. S. Stats. 106, sec. 3.)

NEW YORK.-No jury shall be drawn for service exclusively in the circuit court for the northern district of New York at the terms thereof required by law to be held at Albany and Syracuse, or at the adjourned term thereof required by law to be held at Utica, if a jury is drawn to serve in the district court held at the same times and places

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