Sheets v. People

Citations

• 63 Ill. 78

Syllabus

<p>1. Variance—pleading and evidence. Where a scire facias on a forfeited recognizance alleged that the principal was bound to appear before the circuit court, etc., and the recognizance read in evidence was conditioned that he should be and appear on the first day of the term, but failed to state in terms where he was to appear: Held, that there might have been a variance but for the fact that the recognizance went further, aud required the attendance of the party from day to day during the term of the proper court.</p> <p>2. The writ in the same case described the recognizance as of .the date of March 26,1867, and it was contended that the record showed it to have been entered into on the 13th of March, 1867, and therefore variant; but it was held, that the figures “13th day” referred to the day of the term, which was the 26th day of March, 1867, as appeared from an inspection of the whole record.</p>