Gropp v. People

Citations

• 67 Ill. 154

Syllabus

<p>1. Jury—mode of filling panel under act of 1872. Where the circuit court caused the panel of petit jurors for a term to be filled by the sheriff, instead of the clerk drawing from the list selected by the county board a sufficient number to fill the panel, and having these summoned: Held, that this would have been good ground of challenge in a civil cause.</p> <p>2. But in a criminal cause, the 178th section of the criminal code of 1845, not having been repealed, was regarded as authorizing the court to fill the panel by summoning a sufficient number as 'talesmen instanter.</p> <p>3. Same—challenge to array—waiver of. Where the panel of petit jurors is improperly filled, or the jurors improperly selected, the objection should be taken by challenge to the array, or by motion to quash the order for a tales, or it will be considered as waived. The objection can not be taken to the polls.</p> <p>4. Same—statute construed. The 178th section of the criminal code of 1845, which declares that “ where the panel of jurors shall be exhausted by challenges or otherwise,” it shall be competent, for the court to order a tales, etc., does not necessarily import that there must previously have been a full jury. It applies to an exhaustion of the panel by non-appearance, as well as otherwise.</p> <p>5. Statute—repeal hy implication. Where the legislature, in the passage of an act relating to jurors, in express terms repealed three prior acts concerning the same subject, but in the repealing clause omitted to mention a statute on the subject relating to criminal cases, and the later act contained no general repeal of inconsistent acts or parts of acts: Held, that the repealing act did not repeal by implication the omitted statute relating to jurors in criminal cases.</p> <p>6. Juror—challenge. A juror, when called, stated that he had sat upon a jury in a court of record within one year before. A challenge for this cause was disallowed: Held, that while the cause of challenge was g