United States v. Shackleford

THIS case came up from the circuit court of the United States for the district of Kentucky, on a certificate of division in opinion between the judges thereof.

The point of difference was thus stated. Statement of point of disagreement.

The statement of the point upon which the disagreement of the judges happened having been made, is in these words:-- Question of difference.

In the progress of the trial of this cause, and, after the jury had been in part selected, and other jurors were presented to the prisoner, he peremptorily challenged one of them, when the question arose, whether the defendant was entitled to any peremptory challenges; on which question the judges were divided in opinion. Whereupon, the point of division, and the grounds thereof, are ordered to be certified to the supreme court of the United States, for its opinion and direction to this court on the case certified.

And the cause was continued, to await the instructions of the suprme court.

J. CATRON.

It was submitted upon printed arguments by Mr. Cushing, (attorney-general,) for the United States, and by Mr. Underwood, for the defendant.

Mr. Justice NELSON delivered the opinion of the court.