
    * Commonwealth versus James Hussey.
    A new trial was granted in a prosecution for larceny, it appearing that two of the traverse jurors had been members of the grand jury who found the indictment.
    The defendant was indicted and tried, at a former term of the Court, for the crime of larceny.
    After conviction, a new trial was granted upon the defendant’s motion, it appearing that two of the jurors on the trial had been of the grand jury which found the indictment ; the Court observing, that, if these jurors attended to their duty when upon the grand jury, they could not have been impartial on the trial.
     