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Trial by Jury
A trial in which the issues of fact are to be determined
by the verdict of a jury of twelve men,
duly selected, impaneled, and sworn. The terms
"jury" and "trial by jury" were used at the adoption
of the constitution, and always, it is believed,
before that time, and almost always since, in a
single sense. A jury for the trial of a cause was
a body of twelve men, described as upright, wellqualified,
and lawful men, disinterested and impartial,
not of kin nor personal dependents of
either of the parties, having their homes within
the jurisdictional limits of the court, drawn and
selected by officers free from all bias in favor of or
against either party, duly impaneled under the
direction of a competent court, sworn to render a
true verdict according to the law and the evidence
given them, who, after hearing the parties and
their evidence, and receiving the instructions of
the court relative to the law involved in the trial,
and deliberating, when necessary, apart from all
extraneous influences, must return their unanimous
verdict upon the issue submitted to them.
State v. McClear, 11 Nev. 60. And see Gunn v. Union
R. Co., 23 R.I. 289, 49 A. 999; State v. Harney,
168 Mo. 167, 67 S.W. 620, 57 L.R.A. 846; Branham
v. Commonwealth, 209 Ky. 734, 273 S.W. 489, 490;
Davis v. Central States Fire Ins. Co., 121 Kan.
69, 245 P. 1062, 1063; N. Wagman & Co. v. Schafer
Motor Freight Service, 167 Misc. 681, 4 N.Y.S.2d
526, 529.