CONSTITUTIONAL LAW - TRIAL BY JURY - WAIVER OF ABSENCE OF PART OF JURY AND CONSENT TO CONTINUE WITH REMAINDER

The relator in this quo warranto proceeding attacked his previous conviction in a criminal trial on the ground that the verdict was void because rendered by only eleven persons. During that trial, one of the original jurors had been unable to continue, and the relator and the prosecutor had both consented to proceed before the remaining jurors. It was held that the right to be tried by a jury of twelve given an accused by the constitution of the state is a privilege purely for his own protection, and that he could legally waive this, just like any other similar privilege, and consent to be tried by a jury of eleven. Attorney General ex rel. v. Montgomery, 275 Mich.

504,267 N. W. 550 (1936).