Legal Opinion

Lyman v. People

Appellate Court of Illinois

Decided December 4, 1880PublishedCited by 4 opinions

Appeal from the Circuit Court of De Kalb county; the Hon. C. W. Upton, Judge, presiding.

1Opinion of the CourtPillsbury, J.

We shall notice only one question made upon this record, as that, in our opinion, is decisive of the case: that it is not shown by the record that the grand jurors which found the indictment were ever sworn.

The only reference to the organization of the grand jury in the record of the Lee Circuit Court is the following:

“And now on this day come the grand jurors heretofore empaneled for this term of the court, in answer to their respective names: and here in open court, through their foreman, Thomas I. Angier, Esq., present the following bills of indictment,” the indictment in question being…

2Cases cited2 opinions

  1. Yates v. PeopleIllinois Supreme Court · 1865
  2. Foster v. StateMississippi Supreme Court · 1872

3Cited by4 opinions

  1. Bruen v. PeopleIllinois Supreme Court · 1903
  2. State v. MitchellSupreme Court of Missouri · 1906
  3. Zapf v. StateSupreme Court of Florida · 1895
  4. State v. HurstMissouri Court of Appeals · 1907

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