All are eligible to try non-capital cases; but
capital — only priests, Levites, and Israelites who
are eligible for marriage into the priestly families.
T. Vil. 2b. In the hallowing of the month and
the intercalation of the year, and in non-capital
cases, they vote in order of seniority, beginning



72 TRACTATE SANHEDRIN [M. IV.
with the eldest; but in capital cases they begin
with those at the side, the junior members of the
court, so that their opinion shall not be based on
that of their elders. In capital cases they begin
not with the case for prosecution, but with the
case for the defence, except only in the case of
a beguiler to idolatry,^ and, according to R.
Jehoshua, the son of Karha, the case of one who
leads a town astray.^

3. In the case of those liable to the penalty of
exile,^ the court may change a verdict of conviction
into a verdict of acquittal (but not one of acquittal
into one of conviction), for it is written : Ye shall

TAKE NO RANSOM FOR THE LIFE OF A MAN-
SLAYER WHICH IS GUILTY OF DEATH * ; and also.
And THIS IS the case of the manslayer . ..
