
    The State of Ohio v. George Moore.
    By the law relating to struck juries (S. & S. 407) “the first twelve of those who shall appear and are not challenged for cause, or set aside by the court, shall be the jury, and shall be sworn to try the said issue.” After this twelve, therefore, have passed into the box unchallenged for cause, the party demanding the struck jury has no right of peremptory challenge.
    Error on bill of exceptions on behalf of state from Brown county.
    George Moore was indicted for murder in the second degree. He demanded a struck jury, and the bill of exceptions shows that on the impaneling of the jury after twelve of the special venire had passed into the jury-box without challenge for cause, the said defendant, by his counsel, insisted upon his right of peremptory challenge, to which the prosecuting attorney on behalf of the state objected; but the court overruled the said objection, and held that either party had the right to challenge peremptorily two of said panel, as in other cases, to which said ruling of the court the said prosecuting attorney on the part of the state excepted. Under the criminal code (66 Ohio L. 310), the prosecuting attorney brings the question to the Supreme Court to test the correctness of this ruling.
    
      W. J. Thompson, for plaintiff in error.
    
      White, Biehn & Waters, for defendant in error.
   By the Court.

By the law relating to struck juries (S. & S. 407), the first twelve of those who shall appear and are not challenged for cause, or set aside by the court, shall be the jury, and shall be sworn to try said issue.” After this twelve, therefore, have passed into the box unchallenged for cause, the party demanding the struck jury has no right of peremptory challenge.

Exceptions sustained.  