17 Wis. 674 | Wis. | 1864
By the Court,
This case comes up upon exceptions alleged by the defendant pursuant to section seven of chapter 180 of the Eevised Statutes. One of the grand jurors by whom the indictment was preferred, was not a citizen of the United States. He was an alien born, who had declared his intentions to become a citizen, in accordance with the laws of congress, and assumed the privileges of citizenship of this state, but had not yet become a citizen of the United States. The defendant first moved to quash the indictment for this among other reasons. The motion was overruled upon this point, and one count of the indictment sustained, upon which the defendant was subsequently cpnvicted. To the decision overruling the motion exception was duly taken. After the motion was overruled, the defendant plead the same fact in abatement. The district attorney demurred to the plea, and the demurrer was sustained. To this the defendant also excepted. The objection is therefore saved in two forms, either of which is doubtless sufficient. Byrne vs. The State, 12 Wis., 523-4, and cases cited; Newman vs. The State, 14 Wis., 393. As we think this objection fatal to the indictment, we pass by the numerous other objections urged by counsel. It was the opinion of this court, clearly indicated in Schumaker vs. The State, 5 Wis., 324, that persons not citizens' of the United States are disqualified to serve as jurors. Indeed the phrase-