McElhanon v. People

Citations

• 92 Ill. 369

Syllabus

<p>1. Grand jury—changing venire by the sheriff by substitution of names. While it is irregular and improper for the sheriff to whom a venire facias for a grand jury has been directed, to change the writ by substituting the name of another person for one named therein to be summoned, still, if the person whose name is thus substituted shall serve upon the grand jury, and an indictment for a mere misdemeanor be found, whatever the rule might be in cases of felony, the indictment will not be quashed merely because of such irregularity.</p> <p>2. Such an irregularity is not ground for quashing an indictment, under our statute, although it is at common law,—nor is it ground for challenge to the array, but the proper mode of making the objection is by challenging the polls as to the substituted person, and upon such challenge the name so improperly inserted will be stricken out.</p>