Williams v. People

Citations

• 44 Ill. 478

Syllabus

<p>1. Jury—when discharged, thei/r powers terminate. Where, by agreement, on the trial of a party charged with larceny, the jury found their verdict, sealed it, left it with the clerk and^separated; and it, when opened next day, was found to be defective in not finding the value of the property stolen,—it is error, three days after they agreed to their verdict, to get them together and have them supply the defect.</p> <p>3. Same—when discharged, the court has no power to impanel. Where a jury is discharged, they cannot be again impaneled in the case, without the consent of the parties.</p> <p>3. Verdict — amendment of. Where the parties agree that a jury may, seal their verdict and separate, and if the verdict is defective it should be amended unless otherwise expressed, this could only be held to apply to matter of form, and not to substance, — and the value of the property stolen is substance, as upon it depends the grade of the offense and the punishment.</p> <p>4. Jury—sepa/ration. To permit a jury to mingle three days after hearing . the evidence, with the community, and then to come together and find an essential fact in the case, would be attended with danger to liberty, and in disregard of all of the safeguards thrown around the accused to secure a fair and impartial trial.</p> <p>5. Same. When a jury is thus discharged, the further consideration of the case is as clearly out of their power as if they had come into court and their verdict received, and they discharged. This seems to be supported by reason as well as authority.</p>