State v. Cox
Supreme Court of Vermont
Indictment under No. 33, Sts. 1876, at the September Term, 1879, for keeping a place of public resort for the unlawful sale, &c., of intoxicating liquor, to the common nuisance, &c. The respondent pleaded in abatement that one of the grand jury by whom the indictment was found was not legally qualified to act as such, in that he had been drawn to act in the same capacity within two years theretofore. To that plea the State demurred.
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Indictment under No. 33, Sts. 1876, at the September Term, 1879, for keeping a place of public resort for the unlawful sale, &c., of intoxicating liquor, to the common nuisance, &c. The respondent pleaded in abatement that one of the grand jury by whom the indictment was found was not legally qualified to act as such, in that he had been drawn to act in the same capacity within two years theretofore. To that plea the State demurred. The court, Dunton, J., presiding, sustained the demurrer and held the plea insufficient; to which the respondent excepted. The respondent then pleaded not guilty,…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
I. As to the plea in abatement. The statute as to not putting the names of persons in the jury box for a space of two years from a previous drawing of such persons as jurors, we regard not to be operative to the intent and effect of disqualifying a person drawn within that space, in such a sense as to render of none effect the action of a jury otherwise entirely lawful and valid, of which such person was a member. That statute was designed to serve two purposes ; one, as matter of favor to men who might otherwise be compelled to do an undue…
2Cited by6 opinions
- State v. PistonaWashington Supreme Court · 1923
- State v. WardSupreme Court of Vermont · 1887
- Meeks v. StateCourt of Criminal Appeals of Oklahoma · 1994
- State v. FidlerSupreme Court of Rhode Island · 1901
- State v. ElsonOhio Supreme Court · 1888
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