Gahan v. People

Citations

• 58 Ill. 160

Syllabus

<p>1. Indictment—return into open court. Where the record showed that the grand jury, of a certain term, came into open court and presented indictments; after which entry, came the title of two cases and the offense charged in each; and succeeding- this, an order of continuance in some suit, and then followed the title of another criminal case, with a minute of the offense charged: Held, that it sufficiently appeared, from the record, that the indictment in the latter case was returned into open court.</p> <p>2. Criminal law—idem sonans. In an indictment for an assault with a deadly weapon, the name of the assaulted person was spelled, “ Mary Dannei-,” and on the trial, she testified that it was spelled “ Dannaber Held, that the difference in the sound of the two names was so slight, that they must be regarded as the same name.</p> <p>S. In such cases the rule is, that the incorrect spelling will be disregarded, unless the difference in sound in the two names is apparent.</p>