Page:Federal Reporter, 1st Series, Volume 7.djvu/470

 158 FEDEEAL BEPOETER. �at ihe trial, is not available as a ground for granting a new trial. Neither is it ground for arrestiog the judgment. �"A motion in arrest o£ judgment ceia be grounded only on some objec- tion arising on the face of tiie record, and no defect in the evidence, or irregularity at the trial, can be urged at this state of the proceedings." Heard on Criminal Pleading, 316. �Moreover, this is not the case of an omission to name the defendant or the party injured, It was not necessary to set forth the name of the person who delivered the spirits to the defendant, provided the act of receiving was otherwise suffi- ciently described. The statute punishes the act of receiving without regard to.the manner of receiving or to the person making the delivery. Bvery form of receiving is made pun- ishable, and evidence as to vrho was the person making the delivery is not necessary to a conviction. The averment in the information that the person who delivered the spirits to the defendant was unknown to the district attorney was un- necessary, and did not require to be proved. �Mueh stress has also been laid upon the fact disclosed by the record that Samuel E. Walsch, one of the persons sum- moned to attend, the court as a juror at the January term, and who had been in attend ance at court on the da'y the trial commenced, and whose name was drawn from the jury-box in due order of lot'to try the defendant, had departed the court without leave, whereupon it was insisted by the counsel for the defendant that the defendant was entitled to said Walsch as a juror, and objection was made to proceeding with the empanelling of the jury without said Walsch. The objection was overruled, and a jury was selected without said Walsch. No authority binding upon this court has been cited in support of this position taken in behalf of the defendant, and we are not inclined to be the first to declare a rule which would put it in the ppwer of a juryman, by departing from liie court room, to prevent the continuance of a trial until such time as he could be found and brought back to the court room. �We are unaware of any principle requiring us to hold that, upon a trial like the present, the fact that a juror's name ��� �