54 Iowa 109 | Iowa | 1880
It is shown by a bill of exceptions that one of the grand jurors upon examination stated that he was born in Canada-; that his father was born in the State of Yermont, and was a revolutionary soldier, and drew a pension while he lived in Canada; that the grand juror lived with his father in Canada until he was sixteen years of age, when he removed to the United States. Thereupon the defendants challenged the grand juror, but the challenge was disallowed and the defendants excepted.
Another grand juror upon examination stated that he was
It is not affirmatively shown that the grand jurors were aliens. Alienage will not be presumed. Whoever asserts it has the burden of proving it. Moon v. Wilson, 10 Yerger, 406. The challenges, we think, were properly disallowed.
The record shows that several other exceptions were taken in each case in the progress of the trials. We have examined the entire record as best we could, without the aid of any argument for appellants, and have to say that we discover no error.
Affirmed.