Legal Opinion
Case of M'Neil
Massachusetts Supreme Judicial Court
Decided October 15, 1807PublishedCited by 4 opinions
At the opening of the Court, W. Austin moved for a writ of protection to issue in favor of Mr. M’Neil. who was returned aa one of the grand jury, and who was apprehensive of an arrest.
1Opinion of the Court
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 *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.
2Cited by4 opinions
- Thompson's CaseMassachusetts Supreme Judicial Court · 1877
- Curling & Robertson v. HydeSupreme Court of Missouri · 1847
- In Re GreeneSupreme Court of Rhode Island · 1913
- Ryan v. ICECourt of Appeals for the First Circuit · 2020