Supreme Court of Rhode Island, 1883

State v. O'Brien

State v. O'Brien
Supreme Court of Rhode Island · Decided October 4, 1883 · PER CURIAM.
14 R.I. 266; 1883 R.I. LEXIS 55

State v. O'Brien

Opinion of the Court

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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