Barron v. People

Citations

• 73 Ill. 256

Syllabus

<p>1. Grand jury—legality of its organization. The proper practice is, and the statute requires, that twenty-three persons shall be summoned for a grand jury, but as sixteen persons may constitute the grand jury, an indictment found by one composed of nineteen persons may be a legal finding after verdict, there being no objection made by motion to quash, or challenge to the array.</p> <p>3. Change of venue—when discretionary. Where the law gives the court, trying a criminal case, a large discretion to grant or deny a petition for a change of venue, if its refusal to grant one is urged as error, it must be shown that the court abused its discretion.</p> <p>3. Evidence—of circumstances showing guilt. The fact that one accused of crime gave “straw bail,” and forfeited his recognizance by voluntary' absence, taken in connection with the further fact that such party passed under various aliases, may be considered by the jury, on the trial, as evidence bearing on the question of 1ns gnilt.</p> <p>4. Same—acts and declarations of one in, concert with prisoner. Where two or more persons are shown to be in concert for a had purpose, the acts and declarations of one in the accomplishment of the purpose, are the acts and declarations of all, and evidence against them.</p> <p>5. Where the complicity of a party on trial for larceny and receiving stolen goods is shown with another in the affair, then whatever that other said or did in regard to the goods, is proper evidence against the prisoner.</p>