Ohio State Reports Volume 32

Ohio State Reports Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...upon the premises and in the building where sold, at a time prior to the finding of this indictment by the grand jury." These charges are alleged to be erroneous. The defendant was convicted. Nichols ' Davis, and A. T. Cowen, for plaintiff in error. T. A. Grifiith, for defendant in error. WRIGHT, J. The demurrer to the plea in abatement was properly sustained. There is nothing in the statute for-bidding trustees of townships from returning their own names to the clerk of the court in the list of jurors. The board is required annually to select good judicious persons. having the qualifications of an elector, and not exempt by law, from serving as jurors. 70 Ohio L. 168, 3. The reason why they should select persons not exempt by law, is that the persons drawn from the box shall be Without excuse from serving, not that the persons exempt are disqualified. The board of trustees is composed of three persons, aud two of the trustees may return their fellow on the list of selected persons, and the one selected be ignorant of what has been done. But whatever may have been the circumstances, the fact that he is a public oflicer does not disqualify. In Glossenger v. The State, 24 Ohio St. 206, if was held: "The provisions of the act relating to jurors (70 Ohio L. 173, 21), exempting public oflicers and others from service on juries does not have the effect to disqualify the persons so exempted, but merely extends to such persons a privilege, which may be waived by them." See also The State v. Easter, 30 Ohio St. 542, and cases cited therein. In the second clause or assignment of the plea in abatement, it is alleged that one of the grand jurors had said "that they (said grand jury) had already found a great...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236854624
  • 9781236854629