Kohle

delivered the opinion of the Court.

On the trial of this ease in the Court below, after twelve jurors had been called and accepted, but not sworn, the prisoner having ten peremptory challenges, offered, by his counsel, to challenge one of said jurors, which offer or motion was refused by the Court, and said jurors so called, were sworn. Peremptory challenges are given to the prisoner in criminal prosecutions to protect him from the undue influence of public excitements or individual animosity. The humane provisions of the law are intended to secure a fair and impartial trial, and Courts, in the administration of criminal justice, should be careful that no right which the Constitution or the law gives to the accused, for the purpose of asserting his innocence, or maintaining his defense, is denied. We are not aware of any system under which it is absolutely necessary that the right of challenge should be exercised at any precise point of time, before the jurors are sworn. The 341st section of the Act Regulating Practice in Criminal Proceedings, provides that the challenge “must be taken when the juror appears, and before he is sworn; but the Court may, for good cause, permit it to…