Commonwealth v. Carey

It does not appear by the bill of exceptions, that the Commonwealth’s attorney exercised any right of challenge. Until he was permitted to exercise it improperly, and did in fact exercise it, the question what the rule should be was not material, but was a mere moot question. A bill of exceptions must show that the question saved was material. Burke v. Savage, 13 Allen, 408.

Exceptions overruled.