Grady v. People

Citations

• 125 Ill. 122
• 16 N.E. 654

Syllabus

<p>1. Criminal law—right of discharge for want of prosecution. A person was committed upon a criminal charge, by the coroner’s jury, on April 6, 1887, and was indicted April 27, 1887, and was arraigned on May 2, 1887, when he pleaded not guilty. He was confined in jail from the time of his commitment until his trial and conviction, on July 18, 1887. The terms of the court began on the first Monday of each month. At the July term he entered his motion for a discharge, which was overruled. The record failed to show a continuance from the June term to the July term: Held, that the proper construction of the statute is to exclude the April term, and that the July term was the third term, within the meaning of the statute, and that in the absence of any showing in the record to the contrary, it would be presumed that the cause was continued in the manner allowed by the statute, and for the reasons therein named, and that there was no error in refusing the discharge.</p> <p>2. New trial—newly discovered evidence. It is no error to refuse a new trial when testimony alleged to be newly discovered is merely in the nature of impeaching evidence.</p>