
    Wysor v. The Commonwealth.
    1849. December Term.
    
    The part ownership of a tract of land on which there is a mill, which land has been allotted to, and is, with the mill, in the possession of a widow as her dower, is not a disqualification to act as a grand juror.
    
      Benjamin F. Wysor was presented in the Circuit court of Wythe county, for playing at cards in a tavern. He filed a plea in abatement that William Pearce, one of the grand jury, which made the presentment, was part owner of a mill in the county, and therefore not a qualified grand juror.
    On the trial, the jury found a special verdict, in which it was stated, that David Pearce, the father of William, was the owner at his death, of a tract of land on which there was a mill. That this land and mill was assigned for dower to Mrs. Pearce, who still resided upon it, and had exclusive control of it. That the mill had been washed away, and Mrs. Pearce had built another at a different place. That William Pearce was the son of David, and one of his heirs; and would be entitled at the death of his mother, to a share in the land on which she had built the mill.
    The Court gave judgment on the special verdict for the Commonwealth; and thereupon, the defendant applied to this Court for a writ of error.
   By the Court.

The writ of error is refused.  