State v. Emery

Stacy, 0. J.

The questions here posed are (1) whether a jury of ten men and two women suffices as a jury of “good and lawful men” within the meaning of Art. I, sec. 13, of the Constitution; and (2) whether trial by such jury complies with “the law of the land” and accords with “the ancient mode of trial by jury” vouchsafed in Art. I, secs. 17 and 19, of the Constitution. While these are questions of first impression, the construction heretofore placed on the subject sections of the Constitution would seem to point to negative answers.

The pertinent clauses follow:

“No person shall be convicted…