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OCR: Thus, the use of peremptory challenges in England has survived from the early formative days of the comnon law until the present time Even so. its practice has fallen into great disuse and irs exercise has been rare England for over century Swain Alabama 380 The form the exercise at peremptory challenges has been altered over the centuries someti imes restrictions being placed on ifa exercise because fo the unfairness resulting from the use of its privilege our country, the availability of peremptory chal lenges during jury trial was adopted early on bu Con gress In 1790. Congress adopted ar ordinance provide the defendant with thirty-five peremptory challenges trials for treason pue twenty ir trals for other specificd felonies. Stat. 1F9 (1790). The number challenges allowed both sides T ...