Barber v. James

We find no error in the action of the court in summoning more than twelve jurors. Pub. Stat. R. I. cap. 104, § 4, directs that twelve good and lawful men shall be returned. The summoning of more than twelve may frequently be necessary in order to secure the twelve good and lawful men required. If these are obtained, the defendant can have no ground of complaint because more than twelve good men were summoned to attain this result. Fitchburg R. R. Co. v. B. & M. Railroad, 3 Cush. 58, 85; Hosmer v. Warner, 15 Gray, 46.

The defendant has no ground of complaint because of the alleged exclusion of…