McCoy v. People

Citations

• 71 Ill. 111

Syllabus

<p>1. Witness—impeachment. A witness can not be impeached by proof of his statements made out of court, unless his attention has been called to the same, specifying the time and place.</p> <p>2. Evidence—declarations and admissions of party in interest. In civil cases, the declarations and admissions of the party really interested, although not a part}' to the suit, are evidence, as the law in respect to admissions regards the real party in interest. ,</p> <p>3. Same—admissions of prosecutrix in bastardy admissible. A prosecution under the bastardy act being a civil suit, and for the benefit of the mother of the child, to relieve her from a burden which belongs to the putative father, she is the real party in interest, and her declarations and admissions are evidence against her, without having her attention called to the same when upon the stand.</p> <p>4. Practice—objections to deposition. The objection that a deposition was taken without notice, or that it was improperly served, comes too late when made in this court for the first time. A party can not make one objection in the court below, and insist on another in this court.</p> <p>5. Deposition—interrogatories should refer to party by the true name. In a bastardy proceeding, by Mary Hilger, it was proved that another party liad carnal intercourse with her about the time of conception, and this party's deposition was taken to disprove the fact, but the interrogatories referred to the prosecutrix by the name of Mary Sigler, and the witness denied the charge as to her: Seld, that the court erred in allowing such interrogatories and the answers thereto to be read.</p>