Gitchell v. People

Citations

• 146 Ill. 175
• 33 N.E. 757
• 1893 Ill. LEXIS 886

Syllabus

<p>1. Criminal law—of the indictment-—not impeached by affidavits of grand jurors. The statute of the State provides that the endorsement ©f “a true bill” upon an indictment, by the foreman of the grand jury, shall be evidence that it was found by twelve of the grand jurors. When the indictment, thus endorsed, is filed, it becomes a record of the court, and should not be subjected to attack by the members of the very body who, in presence of their foreman, stood by in silence and saw him present it to the court.</p> <p>2. The affidavits of grand jurors are not admissible in evidence for the purpose of showing that twelve of their number were not in favor of finding a true bill which has been reported as found. The endorsement of an indictment as a true bill by the foreman is conclusive evidence, the same as any other matter of record.</p> <p>3. An indictment, when properly endorsed and returned into court, becomes a record, and has all the legal verity which belongs to that species of evidence. An averment by way of plea can not be received against a record. The objection of non-concurrence, being an objection to answering the indictment in any form, can not be taken by formal plea. Nor is the verity of a record disputable by evidence on the trial. It is not triable by jury, but is addressed to the court.</p> <p>4. Same—pleading to an indictment—admits its genuineness. As a general rule, pleading to an indictment admits its genuineness as a record. After a party has pleaded to an indictment and been convicted, it is too late to object to the constitution of the grand jury.</p> <p>5. Same—right of prosecuting attorney to be with the grand jury. The prosecuting attorney may be present with the grand jury to give advice, to interrogate the witnesses, to draw such bills as the jurors are prepared to find, and to give such general instructions as they may require; but he is not to influence or direct them in respect of their findings, nor ought he to be present when they