Huggins v. People

Citations

• 39 Ill. 241

Syllabus

<p>1. Plea oe duress—its requisites, when pleaded to a scire facias on a recognizance. When the scire facias on a recognizance, shows the principal was indicted, that the court ordered him to be held to bail, and that he was in the lawful control of the sheriff for that purpose, a plea of duress of the principal, which does not show that such imprisonment was unlawful, is bad.</p> <p>2. ScmE pacías ON Recognizance—defense by the security—duress of the principal. The security upon a recognizance cannot plead the duress of his principal in discharge of his liability.</p> <p>3. Same—where the principal is a soldier. United States soldiers are not exempt, because of such service, from trial and punishment by the State courts for a violation of its criminal laws.</p> <p>4 Where an arrested soldier is surrendered or abandoned by the military to the civil authority he cannot relieve himself from arrest by giving bail, and then voluntarily placing himself under military control, and insist that his bail is discharged by the principle of vis major.</p> <p>5. Practice—when certain objections must be taken. It is too late to object, for the first time, on error, that, on the trial of the issue on a plea of ml tiel record, interposed to a scire facias on a recognizance, the indictment was improperly admitted in evidence, because there was nothing to show that it was returned by a grand jury into open court. Such an objection, if availing at all, should be made on the trial below, so that the record could be produced, and the fact, in that regard, ascertained.</p> <p>Note by the Repórter.—See Myers v. The People, decided at present term.</p>