STATE v. PROCTOR, 90 N.H. 553 (1938)

3 A.2d 109

STATE v. JOHN PROCTOR.

No. 3026.Supreme Court of New Hampshire Cheshire.
Decided December 6, 1938.

APPEAL, from a conviction in the Municipal Court of Winchester for wilfully refusing to furnish the reports required by the New Hampshire Unemployment Compensation Act, P. L., c. 179 A., s. 9, (G), as inserted by Laws 1935, c. 99, as amended by Laws 1937, c. 178. When this appeal was in order for hearing in the Superior Court the defendant objected to being tried by a jury upon which were allowed to sit any persons, not otherwise disqualified, who might be eligible for or liable to pay the benefits provided in the above act.

The question of law raised by this objection was transferred without ruling and in advance of trial by Burque, C. J.

Thomas P. Cheney, Attorney-General, Frank R. Kenison, Assistant Attorney-General, and Walter A. Calderwood (by brief), for the State.

Faulkner Bell, for the defendant, furnished no brief.

Per Curiam.

The case is governed by Hazen v. Corporation, 89 N.H. 522. In the case at bar as in the case cited the challenges are not for principal cause but are to the favor (State v. Howard, 17 N.H. 171, 190 et seq.), and as such present no question of law for this court, but one of fact for the court below as to whether or not, in any particular instance, a juror objected to is indifferent.

Case discharged.

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