Mackin v. People

Citations

• 115 Ill. 312
• 3 N.E. 222
• 1885 Ill. LEXIS 555

Syllabus

<p>1. Obiminal law—special grand jury—presumption that it was properly ordered. Where a venire is ordered by the court for a special grand jury, in the absence of anything in the record showing the contrary it will be presumed that the special facts and circumstances of the case justified the action of the court.</p> <p>2. Same—as to the manner of finding an indictment—presumption. Where the record is silent as to whether an indictment for perjury was found upon the information of the grand jurors, without other testimony, or upon the testimony of .witnesses, it will be presumed it was found in the manner the law directs.</p> <p>3. Same—perjury upon testimony of witness who waives his privilege not to criminate himself. If the answers of a witness to questions put to him by a grand jury, would have the effect of disclosing criminal conduct on his part, he may claim his privilege and decline to answer, and his refusal can not form the basis of any prosecution against him; but if he does not avail of his privilege, and submits to answer, he must testify with as much truth and candor as in other cases; and if his testimony is willfully false, perjury may be assigned upon it.</p> <p>4. Same—as to materiality of testimony upon which perjury is assigned. On the trial of one for perjury for giving false testimony before a grand jury upon an inquiry as to the commission of a supposed crime, and the persons implicated in its perpetration, it is not necessary for the prosecution to prove that the crime had been actually committed in respect of which he falsely testified, in order to show that his testimony was material.</p> <p>5. The testimony of a witness upon which an indictment for perjury is based, must have been material to the matter then being investigated or point in question before a tribunal or body authorized by law to investigate, and it devolves upon the prosecution not only to affirmatively so state, but also to show its materiality.</p> <p>6. On an investigatio