Bedee v. People

Citations

• 73 Ill. 320

Syllabus

<p>1. Bill of exceptions—when necessary. The petition for a change of venue, and the affidavits in support thereof, are not a part of the record, and can only be made so by bill of exceptions, and unless thus preserved they can not be considered by this court,- although the clerk may have copied them into the transcript.</p> <p>2. Same—what it should contain. Where the hill of exceptions does not purport to contain the evidence offered by the plaintiff, but only contains certain questions asked by defendant’s counsel, objections thereto, and the ruling of the court sustaining such objections, and this court can not see, front the record, that the excluded evidence was competent or pertinent to the issue, the judgment will not be disturbed.</p> <p>3. Criminal law—when former conviction can not he pleaded. Where a defendant has been indicted, and found guilty by the verdict of a jury, if the judgment is arrested on his motion he has not been legally in jeopardy, and can not plead the conviction in bar to a subsequent indictment.</p>