State v. O'Brien

Supreme Court of Rhode Island

State v. O'Brien

14 R.I. 266, 1883 R.I. LEXIS 55

Supreme Court of Rhode Island·Decided October 4, 1883·Published

Opinion

Per Curiam.

We are of opinion that a person who is exempted from jury duty by the statute is not thereby disqualified from serving as a juror, his exemption being a personal privilege which he may either claim or waive at his option. This, so far as we know, is the opinion which has always prevailed in this court as a matter of practice, although there is no reported decision. The opinion is however in accordance with the reported decisions of other States. Munroe v. Brigham, 19 Pick. 368; State v. Forshner, 43 N. H. 89; State v. Wright, 53 Me. 328; Davis v. The People, 19 Ill. 74; Murphy v. The People, 37 Ill. 447. Fxceptions overruled.

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Per Curiam.

We are of opinion that a person who is exempted from jury duty by the statute is not thereby disqualified from serving as a juror, his exemption being a personal privilege which he may either claim or waive at his option. This, so far as we know, is the opinion which has always prevailed in this court as a matter of practice, although there is no reported decision. The opinion is however in accordance with the reported decisions of other States. Munroe v. Brigham, 19 Pick. 368; State v. Forshner, 43 N. H. 89; State v. Wright, 53 Me. 328; Davis v. The People, 19 Ill. 74; Murphy v. The People, 37 Ill. 447. Fxceptions overruled.

State v. O'Brien, 14 R.I. 266, 1883 R.I. LEXIS 55 (R.I. 1883).

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