Wilhelm v. People

Citations

• 72 Ill. 468

Syllabus

<p>1. CosTrsnAncE—absence of witness. An affidavit for a continuance, in a criminal case, on account of the absence of a witness who resides in another State, should state the facts upon which the affiant bases his belief that the attendance of such witness can he procured at a subsequent term of court, so that the court may see the reasonableness of the grounds for such belief.</p> <p>2. An affidavit which does not state that the facts expected to he proved by the absent witness are true, nor that the witness was present at the time of the transaction about which he is expected to testify, and an observer thereof, is not sufficient to entitle a defendant in a criminal case to a continuance.</p> <p>3. Jurors—challenging army. A mere irregularity in drawing the jury, where no positive injury is shown to have been done the accused, is not sufficient cause to sustain a challenge to the array.</p> <p>4. Jury—withdrawing in charge of an officer not specially sworn, during progress of trial, not error. Where, during the progress of a trial of a criminal case, and before the evidence is all heard, the jury withdraw for a short time, for a necessary purpose, in charge of an officer of the court, hut who is not specially sworn for that purpose, no objection being made by the defendant, and the jury are not tampered with, nor subjected to any improper influences, the defendant has no cause of complaint.</p> <p>5. Practice—time to object to evidence. If a party sits quietly by, and permits incompetent evidence to be given to the jury, he can not, for the first time, make the objection in this court.</p>