Page:Federal Reporter, 1st Series, Volume 4.djvu/212

 198 VBDEBAIi BEFOBTEB. �United States v. Coppebsmith. �iOà-euit Court, W, D. Tenmsme. , 1880.) �1. PBM)inr — CoUNTBBFEITINa — Pbeemptokt Challbngkb — Rbv. St. § 819.— Section 819 of the Revised Btatutes provides that, "when the ofCence charged is treason or s capital offence, the defendant shall be entitled to twenty and the United States to flve peremptory chal- lenges. On the trial of any other felony the defendant shall be en- titled to ten and the United States to three peremptory challenges ; and in aU other cases, civil and oriminal, each party shall be entitled to three peremptory challenges." Edd, that the offence of uttering and passing counterfeit coin was not a felony within the terms of this section. �Indictment for counterfeiting. �W. W. Murray, Dist. Att'y, and J. B. Clough, Ass't Dist. Att'y, for the United States. �George Gantt, for defendant. �Hammond, D. J. The defendant, being on trial for counter- feiting the coin of the United States, has peremptorily chal- lenged three of the jurors tendered to him, and claims the right to challenge another, and any number to the extent of 10, under section 819 of the Eevised Statutes. He insists that the offence of making counterfeit coin is a felony at com- tnon law, and therefore a felony in the purview of that sec- tion; he also insists that being punishable by imprisonment 3,t hard labor, which necessarily implies confinement in a penitentiary, it is a felony according to the ordinary accepta- iiion of the term in American law ; that congress used the îerm in that sense in this statute, and did not intend to indi- îate capital offences already provided for by the same section ■jf the Eevised Statutes. �Section 819, above referred to, is as follows: "When the )ffence charged is treason or a capital offence, the defendant îhall be entitled to twenty and the United States to five per- emptory challenges. On the trial of any other felony, the ïefendant shall be entitled to ten and the United States to three peremptory challenges, and in ail other cases, civil and ����