Murphy v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Kane county; the Hon I. G. Wilson, Judge, presiding. James Murphy was indicted in the court below, at the October term, 1863, for the alleged murder of William Shies. The cause was tried at the February term, 1865. The court convened for that term on the 6th day of February, and on the 21st of the same month, the case was called for trial.
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Writ of Error to the Circuit Court of Kane county; the Hon I. G. Wilson, Judge, presiding. James Murphy was indicted in the court below, at the October term, 1863, for the alleged murder of William Shies. The cause was tried at the February term, 1865. The court convened for that term on the 6th day of February, and on the 21st of the same month, the case was called for trial. Before the empanneling of the jury, the defendant moved the court to quash the venire, upon the ground that' the jurors were selected by the board of supervisors, and the writ of venire facias issued commanding that…
1Opinion of the CourtChief Justice Walker
It is insisted that the court below erred in refusing to quash the venire for the petit jury. That a panel was chosen, and a venire facias was issued requiring the attendance of the jurors on the third week of the term, whilst it was afterwards changed, without authority, requiring their attendance on the second week, and they were summoned and attended at the latter named time. And that accused was thereby compelled to select a jury from the panel chosen for a different week than that on which he was tried. The court was convened on the 6th day of February, 1865, and the trial commenced on…
2Cases cited1 opinion
- Davis v. PeopleIllinois Supreme Court · 1857
3Cited by22 opinions
- State v. SmithSupreme Court of Connecticut · 1881
- North v. PeopleIllinois Supreme Court · 1891
- State v. CantienySupreme Court of Minnesota · 1885
- People v. TilleyIllinois Supreme Court · 1950
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
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