Commonwealth v. Freeman

Citations

• 166 Pa. 332
• 31 A. 115
• 1895 Pa. LEXIS 1205

Syllabus

<p>Criminal law—Murder—Jury—Jury-wheel — Motion to quash array— Delay—Laches—•Waiver—Practice, 0. & T.—Act of Feb. 21, 1814.</p> <p>On the trial of an indictment for murder where the prisoner has been duly arraigned and pleaded not guilty, and four jurymen have been selected and sworn, a motion to quash the array for the reason that the jury-wheel had not been properly sealed, is too late, under the act of Feb. 21, 1814, 6 Sm. L. Ill, and will not be entertained.</p> <p>In such a case the presumption is that the prisoner, on an inspection of the array after drawing, is content to be tried by a jury selected therefrom without inquiry as to whether the strict requirements of the law were observed preparatory to the drawing.</p>