O'Donnell v. People
Illinois Supreme Court
Writ op Error to the Criminal Court of Cook county; the Hon. John Gibbons, Judge, presiding. Plaintiff in error was jointly indicted with John E. Mulholland, by the grand jury of Cook county, for an assault with an intent to rob Joseph E. Dorgan. Mulholland entered a plea of guilty, and subsequently, on the trial of plaintiff in error, he was a witness and testified for the People.
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Writ op Error to the Criminal Court of Cook county; the Hon. John Gibbons, Judge, presiding. Plaintiff in error was jointly indicted with John E. Mulholland, by the grand jury of Cook county, for an assault with an intent to rob Joseph E. Dorgan. Mulholland entered a plea of guilty, and subsequently, on the trial of plaintiff in error, he was a witness and testified for the People. The case against plaintiff in error was regularly reached for trial on the 20th day of June, 1906, and the trial was commenced, and after four jurors had been selected and sworn the assistant State’s attorney in…
1Opinion of the CourtJustice Vickers
1. Error is assigned upon the overruling of the motion to quash the indictment. The point is made that the record does not affirmatively show that the grand jury .that returned the indictment were sworn by the form of oath prescribed by the statute. The recital in the record upon this question is, that “the grand jurors aforesaid were duly sworn and charged by the court and' thereupon retired to consider their presentments.” The word “duly” has acquired a fixed legal meaning, and when used before any word implying action it means that the act was done properly, regularly and according to law.…
2Cases cited15 opinions
- Simmons v. United StatesSupreme Court of the United States · 1891
- Bartholomew v. PeopleIllinois Supreme Court · 1882
- Hill v. StateNebraska Supreme Court · 1894
- State v. CalhounSupreme Court of Iowa · 1887
- Clements v. StateSupreme Court of Georgia · 1890
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3Cited by44 opinions
- State v. ButlerSupreme Court of New Jersey · 1958
- People v. QueenIllinois Supreme Court · 1974
- Cobern v. StateSupreme Court of Alabama · 1962
- People v. CastreeIllinois Supreme Court · 1924
- The People v. WatsonIllinois Supreme Court · 1946
39 more not listed; retrieve them via the Exa API.