Blake v. Millspaugh , 1 Johns. 316 ( 1806 )

Per Curiam.

We think the challenge was well taken. That a juror had previously given an opinion on the very question, in controversy, was a valid exception to his being sworn to try the cause; the defendant’s proceeding to trial on the merits, afterwards, is no waiver of the exception, nor does it preclude him from alleging the misdirection of the judge, as error.

Judgment reversed.