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OCR: United States, 151 U.S 396 (1894). The right to employ such peremptory challenges iT trial by jury, however important the administration of justice has been sub- jected important constitutional limits n his dissenting opinion ir Batson Kentucky, 476 U.S 7C (1986) Chief Justice Burger tracked the use Of the peremptory challenge as far back as 104 where was use by the Roman government. stated that 10 the trial criminal case during that period, the accused pue th accuser would each suRmon one hundred "judices' for the trial. They would then proceed to reject fifty those summoned the other party Id. 11 Ir ane of the premier cases before this Court dealing with peremptory challenges, the Court traced the history of the challenge to the common law Engl land Swain Alabama 380 U.S. 202 (1965) AS o ...