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In the District Court for the Second Judicial District of the Territory of Utah
Indictment for Murder
The people of the United States in the Territory of Utah against John D. Lee
Respondent being in Court, and trial being now here ordered, and a jury being called and impanneled on motion of the District Attorney, the said Respondent objects to the said jury so impanneled and challenges the array thereof on the following ground to wit: That on the 14th day of May 1875 by and pursuant to the previous order and direction of the judge of this Court fifty Jurors were drawn to serve as petit jurors at this the July term of said Court for the year 1875, and the said fifty jurors have been accordingly summoned to attend and serve as such jurors.
That the jurors so impanneled for the trial of this cause are twelve of the fifty jurors so drawn and summoned.
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That the said twelve jurors were not of the first eighteen of said fifty jurors drawn to be summoned pursuant to said order; that the said twelve jurors so impanneled were drawn, summoned, selected and impanneled as aforesaid and not otherwise.
Wherefore the said Respondent says that the said Jury so impanneled is not a lawful Jury, and prays judgment of the Court that the said array of jurors be quashed.
Southerland & Bates Spicer Hoge Bishop & McFarland Attys for Deft
No. 31 In 2d Dist Court Utah Territory
The People Etc. vs. John D. Lee et al.
Challenge to the Array of Petit Jurors
Filed July 22, 1875 James R. Wilkins, Clerk