Phillips v. People

Citations

• 88 Ill. 160

Syllabus

<p>1. Criminal law—arrest of judgment—twice in jeopardy. Where one indicted ^° arraigned, said he was not guilty, but before the plea was entered his counsel said he desired to enter a motion to quash the indictment, which the court allowed, and entered such motion on Ms docket, and the cause was continued, but the clerk, in making up the record, entered the plea of not guilty, and at the next term the accused was tried and found guilty without a decision of the motion, or any other plea, and on motion of the accused the judgment was arrested because the trial was had without deciding the motion to quash or any plea being in fact entered, and the record amended to show the facts, it was held, that the accused was not entitled to a discharge, as having been in jeopardy by the trial, and that the court, on overruling the motion to quash, properly required him to plead and go to trial a second time.</p> <p>2. Same—practice in such case. Where the judgment of a court is arrested on account of any error in the proceedings, or any defect in the pleadings upon which the judgment rests, all proceedings subsequent to the error disclosed should be set aside, and proceedings de novo had, beginning at the point where the first error was committed.</p> <p>3. If, on arrest of judgment, the accused is ordered by the court to go hence without day, such order arresting the judgment will amount to an adjudication that all the proceedings are irregular, and that the indictment itself is bad.</p> <p>4. Where the judgment in a criminal case is arrested on the defendant’s motion, the accused will not be held to have been in jeopardy by the trial, and may be tried again. If the arrest of judgment is for error after indictment found, a subsequent trial may be had, upon the same indictment.</p> <p>5. Bill of exceptions—evidence on motion must be preserved. Where the evidence or affidavits heard upon a motion for a change of venue, or upon other motions, is not preserved in a bill of excepti