Buckrice v. People

Citations

• 110 Ill. 29
• 1884 Ill. LEXIS 1315

Syllabus

<p>1. Jury service confined to the county. There is no authority in any statute for the selection of grand and petit jurors in one county to serve in another county.</p> <p>2. Criminal law—as to right of trial by jury—and, in what county a person charged with crime must be tried. The right of trial by jury, guaranteed by the constitution to one accused of crime, includes the right of being tried by jurors selected from the county in which the oifence is alleged to have been committed.</p> <p>3. Section 5, division 10, of the Criminal Code, in so far as it authorizes a party to be tried for an offence committed entirely within one county, but one hundred rods from the county line, in the adjoining county, is unconstitutional and void.</p> <p>4. There is a class of offences that may he committed by a party being in one county, upon a person or thing being at the same time in another county, when the offence may not inaptly be defined as having been committed in either county; and offences committed on the county line, or so near thereto as that the distance therefrom is inappreciable, may with propriety be regarded as having been committed in either county, and by doing so no one is deprived of any constitutional right.</p> <p>5. But where the entire offence is committed within one county, and at an appreciable distance from the county line, as in this case, at a distance of seventy rods, the party accused can not be indicted and tried in another county for that offence.</p>