Boone v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Randolph county; the Hon. B. R. Burroughs, Judge, presiding. At the September term, A. D. 1892, of the circuit court of Randolph county, the plaintiff in error and one John Wenda were indicted for the murder of Theodore Sewell, who was shot, and his death resulted from such .shooting, on the night of the 26th day of July, A. D. 1892. A motion to quash the indictment was entered by Boone, which was overruled, and the defendants, Boone and…
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Writ of Error to the Circuit Court of Randolph county; the Hon. B. R. Burroughs, Judge, presiding. At the September term, A. D. 1892, of the circuit court of Randolph county, the plaintiff in error and one John Wenda were indicted for the murder of Theodore Sewell, who was shot, and his death resulted from such .shooting, on the night of the 26th day of July, A. D. 1892. A motion to quash the indictment was entered by Boone, which was overruled, and the defendants, Boone and Wenda, were arraigned. A motion for a separate trial, made by Wenda, was allowed, and p, jury impaneled for the trial…
1Opinion of the CourtJustice Phillips
The assignment of error first alleged is in overruling defendant’s motion to quash the indictment, which was based on the fact that defendant was taken from the jail and examined as a witness before the grand jury that found the indictment against him, and was compelled to testify before said grand jury regarding his guilt or innocence. That motion is supported by the affidavit of the defendant. The grand jury constitutes a part of the court, and their official acts in finding true bills or ignoring bills are borne on the records of the court, and witnesses sworn before that' body are sworn…
2Cases cited3 opinions
- State v. KringSupreme Court of Missouri · 1877
- McDonald v. PeopleIllinois Supreme Court · 1888
- State v. FroisethSupreme Court of Minnesota · 1871
3Cited by43 opinions
- People v. O'BryanCalifornia Supreme Court · 1913
- People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
- The PEOPLE v. SearsIllinois Supreme Court · 1971
- United States v. Vincent Moran DossCourt of Appeals for the Sixth Circuit · 1977
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
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