What is the meaning of trial by jury in the common law and in the American Constitution?

MultiRegion, United States of America

The following excerpt is from Leary v. United States, 268 F.2d 623 (9th Cir. 1959):

20 "`Trial by jury,' in the primary and usual sense of the term at the common law and in the American Constitution" includes "trial by a jury of 12 men before an officer vested with authority to cause them to be summoned and impaneled to administer oaths to them * * *." Capital Traction Company v. Hof, 174 U. S. 1, 13, 19 S.Ct. 580, 585, 43 L.Ed. 873.

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