McIntyre v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was an indictment found by the grand jury in Fayette county, against James McIntyre, for the alleged murder of Ewing Stalle, at "Vandalia, in Fayette county, on the 26th day of March, 1864. The cause was removed into the Circuit Court of Marion county upon change of venue, where a trial was had.
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Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. This was an indictment found by the grand jury in Fayette county, against James McIntyre, for the alleged murder of Ewing Stalle, at "Vandalia, in Fayette county, on the 26th day of March, 1864. The cause was removed into the Circuit Court of Marion county upon change of venue, where a trial was had. The homicide was proven, and it appeared the prisoner was under the influence of liquor at the time of the killing. At the close of the evidence the court adjourned for one hour, the jury being placed…
1Opinion of the CourtChief Justice Walker
We only propose in this case to determine whether the court below should have granted a new trial, not on the evidence, but alleged irregularities in the trial. 'The first question presented by the assignment of errors, is, that the court below should have placed the jury in charge of a sworn officer of the court-when they retired to deliberate upon their verdict. The 189th section of chapter entitled, “ Criminal Jurisprudence” (E. S. 186) declares, that “ when the jury shall retire to consider of their verdict, in any criminal case, a constable or other officer, shall be sworn or affirmed to…
2Cases cited1 opinion
- In re GreenIllinois Supreme Court · 1854
3Cited by22 opinions
- Dreyer v. PeopleIllinois Supreme Court · 1900
- People v. WhiteIllinois Supreme Court · 1977
- Rafferty v. PeopleIllinois Supreme Court · 1874
- State v. CraftonSupreme Court of Iowa · 1893
- The People v. KlemannIllinois Supreme Court · 1943
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