{ "id": 4831220, "name": "William J. Lyman v. The People of the State of Illinois", "name_abbreviation": "Lyman v. People", "decision_date": "1880-12-04", "docket_number": "", "first_page": "345", "last_page": "349", "citations": [ { "type": "official", "cite": "7 Ill. App. 345" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "85 Ill. 259", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2777432 ], "opinion_index": -1, "case_paths": [ "/ill/85/0259-01" ] }, { "cite": "4 Gray, 421", "category": "reporters:state", "reporter": "Gray", "case_ids": [ 2075595 ], "opinion_index": -1, "case_paths": [ "/mass/70/0421-01" ] }, { "cite": "1 Am. Law Reg. 92", "category": "reporters:state", "reporter": "Am. Law Reg.", "opinion_index": -1 }, { "cite": "70 Ill. 618", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5310556 ], "opinion_index": -1, "case_paths": [ "/ill/70/0618-01" ] }, { "cite": "39 Conn. 563", "category": "reporters:state", "reporter": "Conn.", "case_ids": [ 8846895 ], "opinion_index": -1, "case_paths": [ "/conn/39/0563-01" ] }, { "cite": "1 Litt. 260", "category": "reporters:state", "reporter": "Litt.", "case_ids": [ 12137146 ], "opinion_index": -1, "case_paths": [ "/ky/11/0260-01" ] }, { "cite": "4 Pick. 174", "category": "reporters:state", "reporter": "Pick.", "case_ids": [ 2031203 ], "opinion_index": -1, "case_paths": [ "/mass/21/0181-02" ] }, { "cite": "1 Pick. 245", "category": "reporters:state", "reporter": "Pick.", "case_ids": [ 2070922 ], "opinion_index": -1, "case_paths": [ "/mass/18/0251-01" ] }, { "cite": "5 Cow. 320", "category": "reporters:state", "reporter": "Cow.", "opinion_index": -1 }, { "cite": "7 Cranch. 291", "category": "reporters:scotus_early", "reporter": "Cranch.", "opinion_index": -1 }, { "cite": "18 Johns. 37", "category": "reporters:state", "reporter": "Johns.", "case_ids": [ 8710151 ], "opinion_index": -1, "case_paths": [ "/johns/18/0037-01" ] }, { "cite": "2 Scam. 503", "category": "reporters:state", "reporter": "Scam.", "opinion_index": -1 }, { "cite": "3 Gilm. 299", "category": "reporters:state", "reporter": "Gilm.", "case_ids": [ 2462511 ], "opinion_index": -1, "case_paths": [ "/ill/8/0299-01" ] }, { "cite": "4 Scam. 340", "category": "reporters:state", "reporter": "Scam.", "opinion_index": -1 }, { "cite": "2 McCord, 301", "category": "reporters:state", "reporter": "McCord", "case_ids": [ 220331 ], "opinion_index": -1, "case_paths": [ "/scl/13/0301-01" ] }, { "cite": "20 Ala. 33", "category": "reporters:state", "reporter": "Ala.", "case_ids": [ 8496768 ], "opinion_index": -1, "case_paths": [ "/ala/20/0033-01" ] }, { "cite": "13 Vt. 647", "category": "reporters:state", "reporter": "Vt.", "case_ids": [ 11269129 ], "opinion_index": -1, "case_paths": [ "/vt/13/0647-01" ] }, { "cite": "25 Ala. 672", "category": "reporters:state", "reporter": "Ala.", "opinion_index": -1 }, { "cite": "25 Miss. 589", "category": "reporters:state", "reporter": "Miss.", "case_ids": [ 12141777, 8839542 ], "opinion_index": -1, "case_paths": [ "/mor-st-cas/1/0663-01", "/miss/25/0589-01" ] }, { "cite": "31 Miss. 421", "category": "reporters:state", "reporter": "Miss.", "case_ids": [ 1655649, 12145027 ], "opinion_index": -1, "case_paths": [ "/miss/31/0421-01", "/mor-st-cas/1/0885-01" ] }, { "cite": "1 Peck, 140", "category": "reporters:state", "reporter": "Peck", "case_ids": [ 11286011 ], "opinion_index": -1, "case_paths": [ "/tenn/7/0110-01" ] }, { "cite": "3 Scam. 83", "category": "reporters:state", "reporter": "Scam.", "case_ids": [ 2471138 ], "opinion_index": -1, "case_paths": [ "/ill/4/0083-01" ] }, { "cite": "54 Ill. 422", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5275480 ], "opinion_index": -1, "case_paths": [ "/ill/54/0422-01" ] }, { "cite": "38 Ill. 532", "category": "reporters:state", "reporter": "Ill.", "opinion_index": -1 }, { "cite": "38 Ill. 527", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 428279 ], "opinion_index": 0, "case_paths": [ "/ill/38/0527-01" ] }, { "cite": "2 Humph. 451", "category": "reporters:state", "reporter": "Hum.", "case_ids": [ 8543377 ], "opinion_index": 0, "case_paths": [ "/tenn/21/0451-01" ] }, { "cite": "3 Johns. Cas. 265", "category": "reporters:state", "reporter": "Johns. Cas.", "opinion_index": 0 }, { "cite": "31 Miss. 421", "category": "reporters:state", "reporter": "Miss.", "case_ids": [ 1655649, 12145027 ], "opinion_index": 0, "case_paths": [ "/miss/31/0421-01", "/mor-st-cas/1/0885-01" ] } ], "analysis": { "cardinality": 475, "char_count": 6669, "ocr_confidence": 0.532, "pagerank": { "raw": 1.355959829094491e-07, "percentile": 0.6345227076945412 }, "sha256": "759e5946c2b269af5c1f5cab91cce34a38fe06b62580d81189a01eebc40667bf", "simhash": "1:6a642b561aecfd81", "word_count": 1212 }, "last_updated": "2023-07-14T19:15:10.588151+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "William J. Lyman v. The People of the State of Illinois." ], "opinions": [ { "text": "Pillsbury, J.\nWe 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.\nThe only reference to the organization of the grand jury in the record of the Lee Circuit Court is the following:\n\u201cAnd 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,\u201d the indictment in question being one of those presented.\nThe indictment contains the statutory commencement, in which is recited that the grand jurors chosen, selected and sworn, etc., make the presentment.\n\u201cTo empanel,\u201d says Bouvier, is \u201cthe writing the names of a jury on a schedule, by the sheriff or other officer lawfully authorized.\u201d\nHo inference can therefore be drawn from the use of the word \u201c empaneled\u201d in the record, that the jurors were sworn.\nThat it is essential to sustain a conviction that the record show affirmatively that the grand jurors were sworn, is abundantly sustained by the authorities. Bishop on Cr. Pro. Vol. 1, \u00a7 1,171. Chitty on Cr. Law, Vol. 1, *334 ; People v. Guernsey, 3 Johns. Cas. 265; Grandison v. The State, 2 Humph. 451. And where the record stated that the foreman of the grand jury was sworn, this was held not to be sufficient to raise the presumption that the other jurors were sworn, in the absence of any finding of record. Cody v. The State, 3 How. Miss. 27.\nIt is a requirement of the criminal law, that the indictment must appear in its recitals to have been found upon the oaths of the grand jurors, but this requirement was not intended as record evidence that the grand jury was properly impaneled and sworn, neither does our statute make such statement of the jury in the indictment record evidence of such facts.\nWe think the recitals of the indictment cannot supply the want of a record in essential matters.\nIt was so adjudged in Cody v. State, supra, and reaffirmed in Foster v. State, 31 Miss. 421, and it was said in Yates v. The People, 38 Ill. 527, that \u201c the essential point is, that the record should show that a grand jury duly qualified, returned the indictment into open court.\u201d\nIt has always been supposed that it was one of the essential qualifications of a grand jury, that the members thereof should be sworn, as prescribed by the statute.\nThe judgment will be reversed and the cause remanded.\nReversed and remanded.", "type": "majority", "author": "Pillsbury, J." } ], "attorneys": [ "Mr. D. D. O\u2019Brien, for appellant;", "Mr. James IL Eds all, for appellee;" ], "corrections": "", "head_matter": "William J. Lyman v. The People of the State of Illinois.\n1. Criminal law \u2014 Grand jurors must be sworn. \u2014 To sustain a conviction for a crime it is essential that the record show affirmatively that the grand jurors were sworn. No inference that the jurors were sworn can he drawn from the use of the word \u201cempaneled\u201d in the record.\n2. Recitals in indictment. \u2014 The indictment must appear in its recitals to have been found upon the oaths of the grand jurors, but this requirement was not intended as record evidence that the grand jury was properly empaneled and sworn, and such recitals cannot-supply the want of a record in essential matters.\nAppeal from the Circuit Court of De Kalb county; the Hon. C. W. Upton, Judge, presiding.\nOpinion filed December 4, 1880.\nAt the October term of the Circuit Court of Lee county, the appellant was indicted for selling intoxicating liquors to minors. At the same term the venue, was, upon the application of appellant, changed to DeKalb county, where, at the February term of the circuit court, a trial was had, resulting in his conviction. He brings the record here, and assigns various errors.\nMr. D. D. O\u2019Brien, for appellant;\nthat the record should show that the grand jury was sworn, cited Yates v. The People, 38 Ill. 532; Williams v. The People, 54 Ill. 422; Gardner v. The People, 3 Scam. 83; 1 Bishop\u2019s Crim. Pro. \u00a71171; 1 Arch. Crim. PI. \u00a776; State v. Fields, 1 Peck, 140; State v. Hunter, Peck, 166.\nThe statement in the indictment that the grand jury was sworn will not cure the defect: Foster v. The State, 31 Miss. 421; Abram v. State, 25 Miss. 589; Bishop\u2019s Crim. Pro. \u00a7 1171; 2 Hale\u2019s P. C. 165; 1 Chitty\u2019s Crim. Law, 327; Rose v. State, Miner, 28; Nales v. State, 25 Ala. 672; State v. Gilbert, 13 Vt. 647; 2 Bishop\u2019s Cr. Pro. \u00a7 662.\nThe history of the case, the venue and its return, and who presided as judge, should be shown in the caption proper: Reeves v. State, 20 Ala. 33; State v. Hunter, Peck, 166; State v. Fields, Peck, 140; State v. Williams, 2 McCord, 301.\nThe certificate of the clerk did not show that the papers transmitted from Lee Circuit Court were the original papers in the case, nor did they show that the transcript contained a copy of the order for change of venue: Rev. Stat. 1874, 1096, \u00a728; Wight v. Kirkpatrick, 4 Scam. 340; Granger v. Warrington, 3 Gilm. 299.\nIn admission of record evidence as to age, it should appear the record was made at or near the time of the birth: 1 Wharton\u2019s Ev. \u00a7238; Dillon v. Tobin, 6 Cent. Law Jour. 285; 1 Greenlf. Ev. \u00a7 103.\nThe rule of primary and secondary evidence is strictly adhered to in cases of declarations as to age: 1 Phil. Ev. 252; Greenwood v. Spiller, 2 Scam. 503; 3 Starkie\u2019s Ev. 1103; Jackson v. Browner, 18 Johns. 37.\nHearsay evidence of the date of birth is admissible only in cases of pedigree: 1 Greenlf. Ev. \u00a7 104; 1 Phil. Ev. 248; Albertson\u2019s Lessee v. Robeson, 1 Dallas, 9; Figg v. Wederborne, 6 Jur. 218; Whittnick v. Waters, 4 C. & P. 375; Roe v. Neal, Dudley, 15; 1 Whar. Ev. \u00a7 208; Rex v. Eriswell, 7 T. Rep. 707; Rex v. Abergwilly, 2 East. 63; Rex v. Erith, 8 East, 539; Rex v. Risworth, 2 Q. B. 476; Rex v. Yelverton, 6 Q. B. 800; Mima Queen v. Hepburn, 7 Cranch. 291; The People v. Etz, 5 Cow. 320; Braintree v. Hingham, 1 Pick. 245; Wilmington v. Burlington, 4 Pick. 174; Independence v. Prompton, 4 Halst. 209; Shearer v. Clay, 1 Litt. 260; Town of Union v. Plainfield, 39 Conn. 563; Roscoe\u2019s Crim. Ev. 25; Westfield v. Warren, 3 Halst. 349.\nEverything which goes to affect the credit of a witness is material: Blake v. Blake, 70 Ill. 618; Morgan v. Frees, 1 Am. Law Reg. 92; Commonwealth v. Hurst, 4 Gray, 421; Thomas v. Davis, 7 C. & P. 350.\nA question having no bearing upon the matter in issue may be made material by its relation to the witness\u2019 credit: 1 Greenlf. Ev. \u00a7 449; Reg. v. Overton, 2 Mod. Cr. Cas. 263.\nMr. James IL Eds all, for appellee;\nthat the certificate of the clerk is in conformity with the statute, cited Rev. Stat. 1880, 1104, \u00a7 28.\nA witness is a competent witness to prove his own age: Hodgen v. Henrichsen, 85 Ill. 259." }, "file_name": "0345-01", "first_page_order": 341, "last_page_order": 345 }