Case of M'Neil

Massachusetts Supreme Judicial Court

Case of M'Neil

3 Mass. 288

Massachusetts Supreme Judicial Court·Decided October 15, 1807·Published·Cited by 4 cases

Opinion

Curia.

A juror has no occasion for a writ to protect him. If a juror, or any other person, whose duty brings him to Court, whether as a party or a witness, is arrested while attending the Court, or eundo et redeundo, the Court, upon motion, will take order for his discharge. A writ of protection will not protect one who is not [254]*254lawfully entitled to it, and is of no other use to one who is so entitled, but as prima facie evidence to the officer who is about to arrest him.

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Curia.

A juror has no occasion for a writ to protect him. If a juror, or any other person, whose duty brings him to Court, whether as a party or a witness, is arrested while attending the Court, or eundo et redeundo, the Court, upon motion, will take order for his discharge. A writ of protection will not protect one who is not [254]*254lawfully entitled to it, and is of no other use to one who is so entitled, but as prima facie evidence to the officer who is about to arrest him.

Case of M'Neil, 3 Mass. 288 (Mass. 1807).

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Opinion

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