
    Case No. 16,416.
    UNITED STATES v. SUMMERS.
    [4 Cranch, C. C. 334.] 
    
    Circuit Court, District of Columbia.
    Oct. Term, 1833.
    Criminal Law—Peremptory Challenges.
    Peremptory challenge allowed, upon an indictment for stealing a slave, in Alexandria, D. C.
    Indictment for stealing a slave, the property of Mrs. Jenkins, under the Virginia statutes of December 17, 1792, p. 190, § 29, and January 25, 1799, p. 3S7, 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. 4481.
    A question was made whether he had a right to peremptory challenge, under the Virginia law of the 13th of November, 1792, p. 103, § 8.
   THE COURT

(THRUSTON, Circuit Judge, contra)

allowed the peremptory challenge. Verdict, not guilty.

But see U. S. v. Hall, at May term, 1843 [unreported].  