Bressler v. People

Citations

• 117 Ill. 422

Syllabus

<p>1. Adjournment of court, from day to day, by the sheriff, in the absence of a judge—as affecting the jurisdiction to hold the residue of the term—posting notices. A circuit court was opened on the first day of the term, in due form, by one of the judges, and an order was made and entered of record that if at five o’clock in the evening of that day no judge of the court should be in attendance, the sheriff should adjourn the court until'the next day at nine o’clock A. M., which he did, and there being no judge ; resent at that time, the sheriff again adjourned the court, by proclamation, to the same hour of the third day, and posted a notice on the court house door of such last adjournment, and on the third day a judge was present and opened court. It was held, that the court was properly adjourned from day to day, and had jurisdiction to try a party accused of crime, and that the statute did not require the posting of notice of the first adjournment, as it was by order of the court. ...</p> <p>2. Witness—competency'■—of grand juror to testify to evidence before g rand jury. On the trial of a party for larceny, after laying the proper foundation, a grand juror was called to contradict one of defendant’s witnesses, by testifying to his statements on oath before the grand jury, which he had denied. It was objected that a grand juror could not be called as a witness to disclose what occurred before the grand jury, hut the court held the evidence proper.</p> <p>3. Same—credibility—defendant in criminal case testifying in his own behalf. Where a defendant in a criminal case testifies, and the jury lmow he is a party, no further showing need be made that he is a part)', and the jury are authorized to consider to what extent that circumstance should affect his credibility. They are neither bound to believe nor to disbelieve him, but in weighing his evidence they are to take into consideration the fact that it is evidence given by the defendant in the case, and an instruc