Fielden v. People

Citations

• 128 Ill. 595
• 21 N.E. 584
• 1889 Ill. LEXIS 936

Syllabus

<p>1. Amendment of becobd—oí a subsequent term. Amendments of the record in affirmance of a judgment, when there is anything by which to amend, may, upon proper notice, be made at a term subsequent to that at which final judgment was rendered; but amendments not in affirmance, but in derogation of the judgment, are not allowed at a term subsequent to that at which final judgment is rendered.</p> <p>2. The record of this court affirming a judgment of conviction in a capital case, showed the presence of the prisoners in court on the rendition of the judgment of affirmance. At a subsequent term, the prisoners, by their counsel, entered a motion in this court to amend the record so as to omit the recital of the presence of the prisoners in court, which motion was overruled, as was also a motion for leave to amend the original motion, on the ground the proposed amendment was in derogation of the judgment, and came too late. But the court do not concede that the amendment, if made, could affect the validity of the judgment.</p> <p>3. Cbiminaii daw—presence of prisoner in court—in the trial cowrt, amd in the Supreme Court. The common law required, when any corporal punishment was to be inflicted on the defendant, that he should be personally present before the court at the time of pronouncing the sentence. The reasons for this were, that the defendant might be identified by the court as the real party adjudged guilty; that he might have a pardon to plead, or move in arrest of judgment; that he might have an opportunity to say why judgment should not be rendered; and that the example of being brought up for the animadversion of the court and the open denunciation of punishment, might tend to deter others from like offenses. None of these reasons can apply to the judgments of affirmance by this court in criminal cases.</p> <p>4. On writ of error to reverse a judgment in a capital case, the personal attendance of the defendant on the argument or at the decision of the court i