Mingia v. People

Citations

• 54 Ill. 274

Syllabus

<p>1. Criminal law—discharging a juror not named in the officer's return. On the trial of a party indicted for murder, it appeared the sheriff had returned as a talesman one Burnham, whose name had been given to the prisoner in the list furnished to him, as H. C. Burnham. When Burnhffin was called, he was found to be a competent juror, and was accepted by the prisdner, hut the State’s attorney, discovering that his true name was R. C. Burnham, on his motion the court discharged him: Held, this action of the court was proper.</p> <p>2. Same—who may he properly sworn as jurors. It would be ground of error for a juror of a name different from the one furnished 'the prisoner to be sworn upon the panel. The persons named on the sheriff’s return, and those only, unless challenged, can be sworn as jurors.</p> <p>3. Same—challenge of jurors. Where the court sustains a motion by the State’s attorney, to discharge a juror after he has been accepted by the prisoner, such action may be referred to the right of peremptory challenge, the record showing such right not to have been exhausted.</p> <p>4. Exceptions—when necessary. Upon the objection that the court below refused a motion to dismiss the prosecution and discharge the prisoner, who was indicted for murder, it was deemed a sufficient answer, that it did not appear the prisoner’s counsel excepted to the action of the court, nor were the grounds of the motion stated.</p> <p>5. Evidence—when it should he preserved. The objection that the verdict of guilty in a criminal case is against the evidence, can not avail where the evidence is not preserved in the record.</p> <p>6. Hew trial—newly discovered evidence. The allegation of newly discovered evidence should be supported by affidavit, to be available as ground for a new trial.</p> <p>7. Criminal law—affect of legislation subsequent to commission of an offense—construction of acts of 1867 and 1869 concerning capital punishment. The act of 1869, concerning capital punishment,