State v. Emery

I do not believe tbat any member of this Court would now care to assert tbat women are not fitted by intelligence and character to serve on juries. Also, it would be difficult, without begging tbe question at issue, to point out any incident of citizenship in which women are not now tbe equals of men. Therefore, tbe bolding to tbe contrary is based at best on a technicality of tbe law from which tbe validity of reason and propriety has long since departed.

To reach tbat result we are under tbe necessity of going far back into tbe common law and following tbe narrowest rules of construction, to…