Compton v. People

Citations

• 86 Ill. 176

Syllabus

<p>1. Pdeadust»—generalissue to scire facias. The plea of nul tiel record to a scire facias on a forfeited recognizance amounts to a plea of the general issue, putting in issue the record, of the recognizance and the declaration of its forfeiture.</p> <p>2. Same — carrying demurrer back. Where a plea of the general issuers filed, a demurrer to another plea can not be carried hack to the declaration.</p> <p>3. Scire pacías — is both process and pleading. A scire facias on a forfeited recognizance supplies the place of both summons and declaration.</p> <p>4. Same — description of court in which, recognizance was taken. WThere a scire facias recites that the defendants, “then and there, to wit,” etc., “in open court,” entered into the recognizance, this will sufficiently show it was entered into before the circuit court wherein the indictment was pending.</p> <p>5. Same—description of offense. A recital in a scire facias that the principal cognizor was indicted “for the crime of selling liquor without license” will he held sufficient as a description of the offense,' though it would he insufficient in an indictment.</p> <p>6. Criminad daw—particularity of description. The same particularity and technical accuracy are not required in warrants, mittimuses, and recognizances as in indictments.</p> <p>7. Amendments and jeoeaids — defects cured by verdict. After verdict, on motion in arrest of judgment, a defective or imperfect statement of facts-will he cured by the verdict.</p>