Welborn v. People

Citations

• 76 Ill. 516

Syllabus

<p>1. Pjractice—time of objecting to evidence. If a recognizance is variant from that described in the scire facias, the defendant must make the objection at the time it is offered in evidence. If the objection is not urged in the circuit court, it can not be in this court. .</p> <p>2. Pleading—merment against the record. It is a maxim in law that there can be no averment in pleading against the validity of a record, although there may be against its operation. Therefore, pleas to a scire facias upon a recognizance, which attempt to question the verity of the record, are bad on demurrer.</p> <p>3. Recognizance—-power of sheriff to take. The power of a sheriff to take a recognizance from a person who is indicted, is not limited to the time of making the arrest, but he may take the same at any time after he has committed such person to jail.</p> <p>4. Evidence—to contradict record. Where the record shows that a recognizance of a prisoner was taken and approved by the' sheriff, parol evidence is inadmissible to contradict it, or to show that when the same was filed there was no approval on it.</p>