Sampson

The opinion of the court was delivered by

Heydenfeldt, Justice, concurred.

The defendant in the court below moved for a new trial, and assigned as one of the causes oh which the motion was based, an error in the law occurring at the trial, and excepted to by him. The particular error is set forth in- the statement, which is a part of the record, as follows: In the formation of the jury, one Charles Reed was called, and the court asked the counsel of the respective parties, if they had any objections to him as a juror; w'hereupon he was examined by the defendant’s counsel, and upon such examination he stated, that he was at present a resident of Marysville, Tuba County; that h¿ came to Marysville to reside nine days ago, and previous to that period, he had resided in Battle County. Thereupon, the defendant’s counsel objected to said Charles Reed as a juror; but the court overruled the objection, and the defendant’s counsel excepted to the ruling of the court. Act concerning Jurors, see. 1, Statutes of 1852, page 107.

According to the statute, a person shall not be competent as a juror, unless “an elector of the county in which he is returned.” To be an elector of a county, a…