Sanders v. People

Citations

• 124 Ill. 218
• 16 N.E. 81
• 1888 Ill. LEXIS 953

Syllabus

<p>1. Pebjuby—materiality of a statement upon which to assign perjury. A party indicted for burglary and larceny filed his affidavit in support of his motion for a continuance, in which he stated that he could prove an alibi by a witness named, and that he was the only witness by whom he could prove that he, the affiant, was at his home on, etc.: Held, that the statement there was no other witness by whom the alibi could be shown, was a pertinent and material point on the motion, and if false, perjury could be assigned upon it, although the affidavit may have been insufficient in that it failed to show proper diligence to procure the attendance of the witness.</p> <p>2. Indictment fob pebjuby—sufficiency—as showing materiality of matter sworn to. An indictment for perjury averred that a certain cause was pending in the court, naming the parties and court; that the defendant therein had made a motion for a continuance, and that upon the hearing of that motion the affidavit of the defendant, used by him, was material, and that it was a material question upon such hearing whether or not one W. was the only witness by whom an alibi of the defendant could be proved, and setting out the language of the affidavit in this respect, and charging its falsity in the usual manner, is sufficient to sustain a conviction.</p> <p>3. Juey in ceiminaXi CASE—to be in charge of sworn officer. On the adjournment of court at noon, the officer who took charge of the jury in a criminal case the trial of which was pending, was sworn by the clerk, as required by section 15, division 13, chapter 38, of the Revised Statutes. After the court met in the afternoon, and some further proceedings were had, the jury retired “to consider of their verdict, ” but the officer attending them, being the same officer in whose charge the jury were placed at the noon adjournment, was not again sworn: Held, that while it would have been better if the officer had been sworn at the time the jury retired, yet if t