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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