Hanna v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Will County; the Hon. Josiah McRoberts, Judge, presiding. The accused was indicted with other parties for an assault with intent to kill and murder one John H. Arnold. On the trial he was convicted, and sentenced to the penitentiary for a period of seven years. The regular panel having been exhausted, the court ordered a special venire for an additional number of jurors.
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Writ of Error to the Circuit Court of Will County; the Hon. Josiah McRoberts, Judge, presiding. The accused was indicted with other parties for an assault with intent to kill and murder one John H. Arnold. On the trial he was convicted, and sentenced to the penitentiary for a period of seven years. The regular panel having been exhausted, the court ordered a special venire for an additional number of jurors. Defendant objected to the sheriff of the county serving the special venire, because the prosecuting witness was the father of the sheriff, and moved the court to appoint the coroner of…
1Opinion of the CourtJustice Scott
We are of opinion the court erred in not allowing defendant’s motion for the appointment of a special bailiff to summon the additional number of jurors wanted. The statute makes it the duty of the court, when in the course of the trial of any cause the regular panel shall become exhausted, to direct the sheriff to summon a sufficient number of persons having the qualifications of jurors to fill the panel for the pending trial, but on objection being made by either party to the sheriff acting, the court shall appoint a special bailiff to summon such persons. Rev. Stat. 1874,. sec. 13, p. 633.…
2Cases cited1 opinion
- Brennan v. PeopleIllinois Supreme Court · 1854
3Cited by14 opinions
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- People v. RudeckiIllinois Supreme Court · 1923
- State v. WismanWest Virginia Supreme Court · 1923
- People v. MarshallIllinois Supreme Court · 1947
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