Scott v. People

Citations

• 63 Ill. 508

Syllabus

<p>1. Indictment—construction of the statute requiring the names of witnesses to he indorsed on the same. On a motion to quash an indictment for murder on the ground that the names of the witnesses were not indorsed on the hack of the instrument, it appeared that the names of the witnesses were indorsed on the indictment, just under the name of the prosecuting attorney: Held, that this was a strict compliance with the statute requiring the foreman of the grand jury to note on the indictment the names of the witnesses upon whose evidence the same was found. The purpose of the requirement is notice to the accused, and that is as well given by writing the names of the witnesses on one part of the paper on which the indictment is drawn as on another.</p> <p>2. The names of the witnesses, on whose evidence the indictment was found, thus noted on the indictment, being legal and proper, formed a sufficient basis for the examination, on the trial, of others whose.names were not written on the' indictment.</p> <p>3. Dying declarations—what constitute. Dying declarations are such as are made by the party, relating to the facts of the injury of which he afterwards dies, under the fixed belief and moral conviction that his death is impending and certain to follow almost immediately, without opportunity for repentance, and in the absence of all hope of avoidance; when he has despaired of life and looks to death as inevitable and at hand.</p> <p>4. Same—of the foundation necessary for thei/r admission as evidence. In this case, the deceased having been informed by his physician that he was in a critical condition, and he having previously said that he was “killed,” and was “ dying,” and he died from the wounds some four or five hours after they were inflicted, which statements of the deceased, with all the surrounding circumstances, indicated that he was fully aware of his condition, the declarations of the deceased were held admissible as evidence against the accused.</p> <p>5.