Davison v. People

Citations

• 90 Ill. 221

Syllabus

<p>1. Grand juror—age, as a disqualification. The fact that a grand juror is over the age of sixty years, does not disqualify him from acting; It is only a privilege for which he may claim to be excused.</p> <p>2. Same—non-residence. Alienage is not a disqualification to a juror, even in a capital case, but is only a privilege or ground of challenge. So the fact that a grand juror was a resident of another State at the time an indictment was found affords no ground of disqualification.</p> <p>3. Impeaching a verdict—of the proof required. Where the examination of a juror on his voir dire shows him to be competent, a new trial will not be granted in a criminal case on affidavits showing the expression of his opinion of the prisoner’s guilt, where the counter affidavits are such that the court is not satisfied the juror swore falsely on his examination, or was disqualified. To show that a juror has sworn falsely on his voir dire, the evidence must clearly preponderate in establishing that fact.</p> <p>4. Evidence in criminad cases—res gestae. On the trial of one for murder in shooting one who was one of the commissioners of highways, while attempting to remove the defendant’s fence, evidence that the place where the fence was situated was not a public highway, is not admissible in evidence as a part of the res gestae on the part of the defense, when the alleged vacation of the road, if there was one, was a long time prior to the killing. The fact that there was a dispute as to whether there was a road there or not at the time, would explain the motives and feelings of the accused.</p> <p>5. Same — cross-examination. A cross-examination of a witness must be kept within fair and reasonable limits, and is, to some extent, discretionary with the judge trying the case. There is no error in refusing questions respecting conversations previous to the day of a homicide, respecting the subject of the dispute out of which the difficulty grew. ' If the witness has bad feelings t