People v. Glenn

Decision Date23 October 1920
Docket NumberNo. 13391.,13391.
Citation294 Ill. 333,128 N.E. 532
PartiesPEOPLE v. GLENN.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Error to Circuit Court, De Witt County; George A. Sentel, Judge.

Elsworth Glenn was convicted of perjury, and he brings error.

Reversed and remanded.

Arthur F. Miller, of Clinton (Louis O. Williams, of Clinton, of counsel), for plaintiff in error.

Edward J. Brundage, Atty. Gen., Grover C. Hoff, State's Atty., of Clinton, and George C. Dixon, of Dixon, for the People.

FARMER, J.

Plaintiff in error (hereafter referred to as defendant) was indicted by the grand jury of De Witt county for perjury under two indictments returned at the May term of court, 1919. The two cases were numbered, respectively, 590 and 591. In case No. 590 the indictment contained three counts, and in case No. 591 four counts. Case No. 591 by agreement was consolidated with case No. 590, and the consolidatedcase was tried at the same time before the same jury. All orders were to be entered in case No. 590. The jury found the defendant guilty in manner and form as charged in the third count of the indictment in case No. 590 and found him to be 52 years old. Motions in arrest and for a new trial were overruled, and judgment and sentence pronounced on the verdict. Defendant has brought the case to this court for review on a writ of error, and urges the judgment should be reversed because (1) the defendant was acquitted of the offense charged before the verdict was returned; (2) the verdict is contrary to the evidence; and (3) the court committed reversible error in giving instructions for the people.

The three counts in the indictment in No. 590, and the first three counts in No. 591 are substantially identical, all charging defendant with having committed perjury in the county court of De Witt county on the trial of the case of People v. Charles Scott. The fourth count in No. 591 charged defendant committed perjury before the grand jury of De Witt county at the February term, 1919, of the circuit court. At some stage in the proceedings the state's attorney entered a nolle prosequi to the first three counts in No. 591. Defendant alleges this was done after the jury were sworn, while the people assert it was done before the jury were sworn. It is not clear from the record which is correct. The consolidated case was submitted to the jury under the three counts in No. 590 and the fourth count in No. 591. The verdict was guilty under the third count in No. 590. We think there is no merit in the claim that the defendant was acquitted of the charge upon which he was found guilty, by the entry of a nolle prosequi to the three counts of the indictment in No. 591. People v. McGinnis, 234 Ill. 68, 84 N. E. 687,123 Am. St. Rep. 73.

At the January term, 1919, of the De Witt county circuit court, the grand jury indicted Charles Scott for unlawfully selling intoxicating liquor in Clintonia township, in said county, the same being antisaloon territory. The case was certified to the county court for trial. On the trial of the case in the county court defendant was called to testify as a witness, and the third count of the indictment in No. 590, the sufficiency of which is not questioned, and under which the verdict of guilty was returned, charges that, after being duly sworn by the county clerk, defendant testified he had not, within 18 months before the return of the indictment against Scott, bought intoxicating liquor from him in said county, whereas he well knew he had bought intoxicating liquor of Scott in said county within the time mentioned, thereby committing willful and corrupt perjury. The people proved by Marie Gregory, official reporter of the county court, that at the trial of Scott defendant testified he had not purchased intoxicating liquor of Scott within 18 months before his indictment. Several of the grand jurors, who were members of the grand jury that returned the indictment against Scott, testified defendant was a witness before that body, and after being sworn he was interrogated by the state's attorney and grand jurors, and testified that a short time before he had bought two drinks of whisky from Scott in the bathroom of the barber shop where Scott worked, and that he paid Scott 50 cents for the two drinks. Defendant did not directly deny he so testified before the grand jury. He admitted he probably did, but said he did not mean to so testify. Scott admitted giving defendant a drink or two of whisky in the bathroom of his barber shop, but denied selling it to him. The claim of the defendant and Scott was that the money that passed between them was to pay for a hair-cut and shave.

If defendant did purchase whisky of Scott in the bathroom of the barber shop, he committed perjury when he swore on the trial of Scott that he did not buy intoxicating liquor from him. It was incumbent on the people to prove, first, that defendant purchased intoxicating liquor of Scott; and, second, to prove that on the trial of Scott under the indictment for illegally selling intoxicating liquors, defendant swore ...

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17 cases
  • Hogan v. State
    • United States
    • Mississippi Supreme Court
    • 12 Noviembre 1987
    ...such instances are strong corroborating evidence of perjury. See: Hemphill v. State, 71 Miss. 877, 16 So. 261 (1894); People v. Glenn, 294 Ill. 333, 128 N.E. 532 (Ill.1920). But what about that special case when an accused has made two mutually contradictory statements of a fact or a state ......
  • People v. Ricker
    • United States
    • Illinois Supreme Court
    • 24 Marzo 1970
    ... ... This court has held that although one of two counts charging the same offense has been Nolle prossed, the defendant may nevertheless be convicted on the remaining count. People v. Glenn, 294 Ill. 333, 128 N.E. 532; see also People v. Berry, 17 Ill.2d 247, 161 N.E.2d 315 ...         Defendant also argues that his acquittal on count 2 charging conspiracy to commit perjury is Res judicata of counts 4 and 5 charging perjury. In support of this argument he cites Sealfon v ... ...
  • People v. Garcia
    • United States
    • United States Appellate Court of Illinois
    • 31 Marzo 1975
    ...corruptly and falsely testified before the issuing magistrate on a matter material to the issue or point in question. See People v. Glenn, 294 Ill. 333, 128 N.E. 532; compare Loraitis v. Kukulka, 1 Ill.2d 533, 116 N.E.2d A prosecution for a perjury, however, cannot be predicated on a belief......
  • State v. Wallis
    • United States
    • Washington Supreme Court
    • 23 Mayo 1957
    ...N.J.L. 530, 133 A. 861; McWhorter v. United States, 5 Cir., 193 F.2d 982; Shoemaker v. State, 29 Okl.Cr. 184, 233 P. 489; People v. Glenn, 294 Ill. 333, 128 N.E. 532; State v. Carter, 315 Mo. 215, 285 S.W. 971; State v. Gobin, 134 Kan. 532, 7 P.2d 57; Fotie v. United States, 8 Cir., 137 F.2......
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