Wilson’s Red Book, 6[*]
Supreme Court of Delaware.
November 8, 1793.
[*] This case is also reported in Read’s Notebook, 3.
Motion for a new struck jury but withdrawn by consent.
Bayard said the former Chief Justice said he knew of no rule of practice that was established by our courts but this, that a struck jury should continue until a new application, to which the CHIEF JUSTICE READ replied, “I have heard the former Chief Justice complain that the struck juries stood too long, and I am of the opinion if they stand longer than one term it is by agreement.”
N.B. It is the law in England, vide 5 Term 453.