New York Supreme Court, 1806

Blake v. Millspaugh

Blake v. Millspaugh
New York Supreme Court · Decided May 15, 1806
1 Johns. 316

Counsel

Higgs, contra., Jones in reply.

Blake v. Millspaugh

Opinion of the Court

Per Curiam.

We think the challenge was well taken. That a juror had previously given an opinion on the very question, in controversy, was a valid exception to his being sworn to try the cause; the defendant’s proceeding to trial on the merits, afterwards, is no waiver of the exception, nor does it preclude him from alleging the misdirection of the judge, as error.

Judgment reversed.

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