State v. O'Brien

Per Curiam. We are of opinion that a person who is exempted from jury duty by the statute is not thereby disqualified from serving as a juror, his exemption being a personal privilege which he may either claim or waive at his option. This, so far as we know, is the opinion which has always prevailed in this court as a matter of practice, although there is no reported decision. The opinion is however in accordance with the reported decisions of other States. Munroe v. Brigham, 19 Pick. 368; State v. Forshner, 43 N. H. 89; State v. Wright, 53 Me. 328; Davis v. The People, 19 Ill. 74; Murphy v. The People, 37 Ill. 447. Fxceptions overruled.