Barney v. People
Illinois Supreme Court
This was a trial and conviction in the Bureau Circuit Court, upon an indictment which charges that the defendant, with force and arms, in and upon one Elizabeth Farnum, then and there, violently and forcibly, did make an assault, and her, the said Elizabeth Farnum, then and there, forcibly and against her will, feloniously did ravish and carnally did know. The opinion states the objections to the trial, upon which the reversal is grounded.
1Opinion of the CourtCaton, C. J.
This was an indictment for a rape, of which the prisoner was convicted. The jury was not sworn to try this particular cause, but at the commencement of the term, the whole pannel was called up and sworn to try all causes which might be submitted to it. Although this practice may have prevailed in some of the States, at least in civil causes, it is opposed to the uniform practice in this State, and cannot meet with our approval. With some jurors and in some cases, too much solemnity cannot be observed in the conduct of the trial. The solemnity of calling the juror before the prisoner, in the…
2Cited by6 opinions
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- Polarek v. GordonAppellate Court of Illinois · 1902
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