PEREMPTORY CHALLENGES.
Mr. Grinnell said he thought it to be conceded that a State Legislature had a right to prescribe how many peremptory challenges should be allowed in the formation of a jury. The common law of Illinois had been radically changed in this respect, and both prosecution and defendant now stood on an equal footing. Each defendant was entitled to twenty peremptory challenges, and as the eight defendants in this case acted in concert and were all consulted, each of them had practically 160 peremptory challenges. The State had a like number. The defendants exhausted all of their 160 peremptory challenges before a jury was obtained and the State availed itself of its priviledgeprivilege to the extent of fifty-two challenges. He maintained, however, that no federal question would be involved even if the State allowed only one peremptory challenge to one side and 160 to the other. It was the State’s right. In this case there were 931 men called into the jury box and examined in order to obtain twelve jurors.