
    United States v. Summers.
    Peremptory challenge allowed, upon an indictment for stealing a slave, in Alexandria, D. 0.
    Indictment for stealing a slave, the property of Mrs. Jenkins, under the Virginia statutes of 17 December, 1792, § 29, p. 190, and 25 January, 1799, p. 387, making it a felony punishable by death without benefit of clergy; and the Penitentiary Act of Congress, <§> 14, changing the punishment from death to penitentiary confinement and labor, [4 Stat. at Large, 448.]
    A question was made whether he had a right to peremptory challenge, under the Virginia law of the 13th of November, 1792, § 8, p. 103.
   The Court

(Thruston, J., contrá,)

allowed the peremptory challenge.

Verdict, not guilty.

But see United States v. Hall, at May term, 1843.  