Pollard v. People

Citations

• 69 Ill. 148

Syllabus

<p>1. Hearsay evidence—to prove indebtedness and insolvency. On the trial of one for perjury, on his examination touching his sufficiency as bail in testifying that he was worth thirty-five or forty thousand dollars, over and above all just debts and liabilities, the court permitted a witness for the prosecution to give mere hearsay evidence in respect to large amounts of supposed indebtedness against the accused; that he was insolvent, and that there was an incumbrance upon a lot of bay owned by him, which he had testified was unincumbered: Held, that the admission of this testimony was erroneous.</p> <p>3. Evidence—admission of improper, when a ground of reversal. Where the court can see, from the whole case, that the admission of incompetent evidence could not have prejudiced the party against whom it was given, the error may be disregarded; hut if it was likely to have worked prejudicially to him, it can not be disregarded.</p> <p>8. Perjury—indictment must show the materiality of the matter sworn to. It is a well settled rule that it must appear on the face of the facts set forth in the indictment, that the matter sworn to and upon which the perjury is assigned, was material, or there must be an express averment to that effect. The materiality of the matter sworn to must depend upon the state of the cause and the nature of the issue in question.</p> <p>4. Same—materiality of testimony as to party's ability as bail. On the examination of a party as to his qualification to become bail for a part}-, under indictment, in the sum of §3,000, the material point of inquiry is, not whether such person is worth $40,000, but whether he is fully able to discharge the obligation he proposes to assume. If that sum, with interest and costs, can readily be made out of his property, it is wholly immaterial whether he is worth ten times that amount, and if his testimony in the latter respect is false, perjury can not be assigned upon it.</p> <p>5. So, if such party, on his exami