Gitchell v. People
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District ;—heard in that court on writ of error to the Circuit Court of Ogle county; the Hon. John D. Crabtree, Judge, presiding.
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Writ of Error to the Appellate Court for the Second District ;—heard in that court on writ of error to the Circuit Court of Ogle county; the Hon. John D. Crabtree, Judge, presiding. This is an indictment against the plaintiff in error returned into open Court by the grand jury at the August Term, 1891, of the Circuit Court of Ogle County containing 25 counts, 24 of which charge sales of intoxicating liquor without a license, in violation of section 2 of the dram-shop act; and the 25th count charges the keeping of a nuisance in violation of section 7 of said act. (1 Starr & Cur. Stat. chap.…
1Opinion of the CourtJustice Magruder
The plaintiff in error in this case offered to show by the affidavits of some of the grand jurors, that twelve members of the grand jury did not concur in the finding of the twenty fifth count of the indictment, which charged him with keeping a place that was a common nuisance. Is it allowable to show by the sworn statements of grand jurors, that twelve of their number did not consent or agree to the finding of the indictment returned into court, or is the indorsement of the same as “a true bill” by the foreman conclusive upon the subject?
When we recur to the authorities for an answer to this…
2Cases cited15 opinions
- State v. FassetSupreme Court of Connecticut · 1844
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- State v. HamlinSupreme Court of Connecticut · 1879
- Dunn v. PeopleIllinois Supreme Court · 1884
- State v. B. & O. R. R.West Virginia Supreme Court · 1879
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3Cited by33 opinions
- State v. KempSupreme Court of Connecticut · 1939
- People Ex Rel. Sears v. RomitiIllinois Supreme Court · 1971
- People v. ArnoldIllinois Supreme Court · 1910
- Taylor v. StateSupreme Court of Florida · 1905
- State v. MarchindoMontana Supreme Court · 1922
28 more not listed; retrieve them via the Exa API.