CHALLENGE. In Criminal Law. Are lest by one person to another to fight a duel. It may be oral or written. 6 Blackf. Ind.
1. Sending a challenge is a high offence at ?mmon law, and indictable as tending to a Tacit of the peace. Hawkins, Pl. Cr. b. 1, 3, 3; 3 East, 581 ; 6 id. 464; 1 Dan. Ky. !4; 1 South. N. J. 40 ; 2 M'Cord, So. C. 14; 1 Const. So. C. 107 ; 1 Hawks, No. C. 17; 2 Ala. 6 Blackf. Ind. 20; 9 Leigh, a, 603; 3 Rog. N. Y. 133 ; 3 Wheel. Cr. as. N. Y.•245. He who carries a challenge also punishable by indictment. 3 Cranch, C. 178. In most of the states, this barba us practice is punishable by special laws. Bishop, Crim. Law, 270-273.
In most of the civilizedenations, challeng g another to fight is a crime, as calculated destroy the public peace; and those who trtake in the offence are generally liable to inishment. In Spain, it is punished by ss of offices, rents, and honors received )m the king, and the delinquent is e to hold them in future. Aso & M. Inst.
2, t. 19, c. 2, 6. See, generally, Joy, 1811.; 1 Russell, Crimes, 275 ; 2' Bishop, •im. Law, 270; 6 J. J. Marsh. Ky. 120; Const. So. C. 107 ; 1 Munf. Va. 468.
2. In Practice. An exception to the rors who have been arrayed- to pass upon a use on its trial.
An exception to those who have been re rned as jurors. Coke, Litt. 155 b.
The most satisfactory derivation of the word is that adopted by Webster and Crabb, from can, challenge implying a calling off. The word is also used to denote exceptions taken to a judge's capacity on account of interest, 2 Binn. Penn. 454; 4 id. 340, and to the sheriff for favor as well as affinity. Coke, Litt. 158 a; 10 Serg. & R. Penn. 335; 11 id. 303.
3. Challenges are of the following classes: To the ct•ray. Those which apply to all the jurors as arrayed or set in order by the officer upon the panel. Such a challenge is, in general, founded upon some error or mani fest partiality committed in obtaining the panel, and which, from its nature, applies to all the jurors so obtained. These are not
allowed in the United States generally, Col by, Pract. 235 ; 2 Blatchf. C. C. 435, the same end being attained by a motion addressed to the court, but are in some states. 33 Penn. St. 338 ; 12 Tex. 252; 24 Miss. 445. 1 Mann. Mich. 451 ; 20 Conn. 510 ; 1 Zabr. N. J. 656.
For cause. Those for which some reason is assigned.
These may be of various kinds, unlimited in number, may be to the array or to the poll, and depend for their allowance upon the existence and character of the reason as signed.
4. To the favor. Those challenges to the poll for cause which are founded upon rea sonable grounds to suspect that the juror will act under some undue influence or pre judice, though the cause be not so evident as to authorize a principal challenge. Coke, Litt. 147 a, 157 a; Bacon, Abr. Juries, E 5; 3 Wisc. 823. Such challenges are at com mon law decided by triors, and not by the court. See TR1ORS ; 16 N. Y. 501.
Peremptory. Those made without assign ing any reason, and which the court must allow. The number of these in trials for felonies was, at common law, thirty-five, 4 Blackstone, Comm. 354, but, by statute, has been reduced to twenty in most states, and, is allowed in criminal cases cnly when the offence is capital, 2 Blatchf. C. C. 470 ; 10 B. Monr. Ky. 125; 8 Ohio St. 98; 25 Mo. 167 ; see 5 Wisc. 3243 1 Jones, No. C. 289; 16 Ohio, 354; while in civil cases the right is not allowed at all, 2 Blatchf. C. C. 470; or, if al lowed, only to a very limited extent. 5 Harr, Del. 245 ; 7 Ohio St. 155 ; 9 Barb. N. Y. 161 ; 20 Conn. 510.
5. To the poll. Those made separately to each juror to whom they apply. Distin guished from those to the array.
Principal. Those made for a cause which when substantiated is of itself sufficient ev: dence of bias in favor of or against the party challenging. Coke, Litt. 156 b. See 3 Black stone, Comm. 363 ; 4 id. 353. They may be either to the array or to the poll. Coke, Litt. 156 a, b.