Bayard’s Notebook, 131.[*]
Supreme Court of Delaware, Sussex County.
March, 1796.
[*] This case is also reported in Wilson’s Red Book, 109.
A juryman called to the Book was descended from the same common great grandfather with the prosecutor and had married the widow of the prosecutor’s brother. Upon an objection to his being sworn the counsel for the State observed that the prosecutor had no interest in the prosecution and was a good witness. The connection therefore with him was no objection to him as a juryman.
SED, PER CURIAM.
The objection is sufficient: he cannot be sworn as a juryman. He does not stand so indifferent as the law requires he should.
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