Rainey v. People of State

• Court: Illinois Supreme Court
• Writing for the Court: TREAT
• Citation: Rainey v. People of State , 3 Gilman 71, 8 Ill. 71, 1846 WL 3822 (Ill. 1846)
• Decision Date: 31 December 1846
• Parties: WILLIAM RAINEYv.THE PEOPLE OF THE STATE OF ILLINOIS.

3 Gilman 71

8 Ill. 71

1846 WL 3822 (Ill.)

WILLIAM RAINEY

v.THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

December Term, 1846.

INDICTMENT for murder, in the Washington circuit court, at the September term 1845, against the plaintiff in error. The venue was changed to Clinton county and the cause there tried at the September special term 1845, the Hon. GUSTAVUS P. KOERNER presiding. The jury found the defendant guilty of manslaughter, and sentenced him to one year's imprisonment in the penitentiary. The defendant prosecuted a writ of error in this court.

L. TRUMBULL & B. BOND, for the plaintiff in error.

The motion in arrest of judgment should have been sustained, the record not showing that the indictment was ever returned into court. It must appear on the record that the grand jury returned the indictment in open court, “a true bill.” Rev. Stat. 309, sec. 3; 1 Chitty's Crim. Law, 324; Gardner v. The People, 3 Scam. 85; McKinney v. The People, 2 Gilman, 540.

The record transmitted from Washington county to Clinton county contains no copy of the indictment, and the paper, upon which Rainey was tried, is not referred to in said record so as to identify it as the original indictment. That this was necessary, see Wight v. Kirkpatrick, 4 Scam. 340.

D. B. CAMPBELL, attorney general, submitted the cause on the part of the defendants in error without argument.

The opinion of the court was delivered by The opinion of the court was delivered by TREAT, J.^a1

It appears from the record in this cause, that at the September term 1845, of the Washington circuit court, William Rainey was arraigned, and pleaded not guilty to an indictment for murder; that on his application, a change of venue was awarded to the Clinton circuit court, and that he entered into a recognizance for his appearance at the next term thereof. This is shown by the transcript of the record certified to the Clinton circuit court. With the transcript, there was filed an indictment against Rainey for the murder of Alexander Keith, which purported on its face, to have been found at the April term 1845, of the Washington circuit court. The foregoing is all of the evidence furnished by the record of the finding of an indictment against Rainey. He appeared at the September term 1845, of the Clinton circuit court, and was put on his trial. The jury found him guilty of the manslaughter of Keith, and fixed the period of his imprisonment in the penitentiary at one year. He was not present when the verdict was received. An order was thereupon made, forfeiting his recognizance, and awarding a capias against him. At the April term 1846, he appeared and entered motions for a new trial, and in arrest of judgment. These motions were denied by the court, and judgment pronounced on the prisoner in pursuance of the verdict. He then obtained a supersedeas and sued out a writ of error to this court.

The principal questions arising on the assignment of errors are, first, does the record sufficiently show the finding of an indictment against Rainey; and second, was the verdict properly...