Page:Palmore v. State.pdf/1

248 Rh

 1.CONSTITUTIONAL LAW: The right of objecting to the qualification of grand jurors.

The provisions of sec. 1978, Gantt's Dig., prohibiting exceptions to the rulings of inferior courts, in refusing to set aside an indictment for a defect in the formation of the grand jury, is unconstitutional. The legislature may prescribe the time and manner of determining objections to the qualifications of jurors, but it cannot take away the right of objecting.

2.GRAND JURORS: Qualification of.

It was not necessary, under the provisions of sec. 3654, Gantt's Dig, that grand jurors should be householders or freeholders.

3.CRIMINAL PRACTICE: Form of oath for petit jury.

The oath prescribed for the petit jury by sec. 219, Crim. Code, is not in violation of the constitution; it in effect requires the jury to try the case according to the law and the evidence.