By the very old common law, thirty-five peremptory challenges were allowed, but by statute of England the number was changed to twenty.18

The number of peremptory challenges is regulated by statute, a larger number being allowed in capital cases and where the punishment is imprisonment for life, than in other cases.

In Illinois, for instance, twenty peremptory challenges are allowed each defendant for any crime punishable with death or imprisonment in the penitentiary for life; and for any offense that may be punished by imprisonment for a term exceeding eighteen months, ten shall be allowed, and all other criminal offenses six. And the prosecution shall be allowed the same number.19

16 Donovan vs. People, 139 Ill., 415;

4 Blackstone Com., 353. 17 Barber vs. State, 13 Fla., 675;

Hendrick vs. Com., 5 Leigh (Va.), 708.

18 Blackstone Com., 354; State vs. Ward, 61 Vt., 153; 2 Hale P. C, 268.