lished a bridewell for the confinement of convicted persons, such institution shall immediately upon the appointment of the inspectors in this act contemplated, be known and denominated as the house of correction of the city in which it is located. 16. Salary of Superintendent-Record of Conduct-Good Time. The superintendent of any such house of correction shall receive a salary per annum, to be fixed by the legislative authority of such city, to be paid quarterly. It shall be his duty to keep a record of each and all infractions of the rules and discipline of said house of correction, with the names of each, the convict offending, and the date and character of each offense, and every convict sentenced or committed for six months or more, whose name does not appear upon such record, shall be entitled to a deduction of three days per month from his or her sentence, for each month he or she shall continue to obey all the rules of said house of correction. 17. Oath-Bond. The inspectors of any such house of correction and the superintendent thereof, shall, before they enter on the duties of their respective offices, take and subscribe the usual oath of office. Said inspectors and superintendent shall severally give bond to such city with sureties, and in a penal sum such as may be required by the legislative authori ty thereof, for the faithful performance of their duties. (§ 18, repeal, omitted. See "Statutes," ch. 131, § 5.) IDENTIFICATION. -In robbery, what good, 242-197; 237-541. -Question for jury, 237-541. -Of stolen property, fact for jury, 214-170; 34-516; 266-216; 279-348 (351); 288-371 (379). -Of person killed, 72-480. -Of accused by foot prints, when insufficient, 158-586. -Of property, proof required, 148-70. -Of accused, force of, 138-103; 252-534; 134-599. -Of accused, what sufficient, 137-538; 272-592; 283-342; 286 302; 286-142; 288-44. -Of person buying drugs, 271-580 (582). IMMORAL PUBLICATIONS. (Hurd ch. 38-483.) 1. That it shall be unlawful for any person to sell, lend, give away or show, or have in his possession with intent to sell or give away, or to show or advertise, or otherwise offer for loan, gift or distribution to any minor child any book, pamphlet, magazine, newspaper, story paper or other printed paper devoted to the publication, or principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime. -What is proof of selling, 160-582. 2. It shall be unlawful to exhibit upon any street or highway, or in any place within the view, or which may be within the view of any minor child, any book, magazine, newspaper, pamphlet, story paper or other paper or publication coming within the description of matters mentioned in the first section of this act, or any of them. 3. It shall be unlawful to hire, use or employ any minor child to sell or give away, or in any manner to distribute, or who, having the care, custody or control of any minor child, to permit such child to sell, give away, or in any manner to distribute any book, magazine, pamphlet, newspaper, story paper or publication coming within the description of matters mentioned in the first section of this act, and any person violating any of the provisions of this act shall be guilty of a misdemeanor, and on conviction shall be fined in any sum not exceeding five hundred dollars, or imprionmed in the county jail of the county where the offene has been committed not to exceed six months, or both fine and imprisonment, at the discretion of the court. The averments that shall be embodied in an indictment are largely determined by the judgment of the prosecutor, and the sufficiency of the indictment is dependent upon his knowledge of the particular crime for which indictment is to be drawn. Forms do not assure a sufficient indictment, but only give a suggestion. The cases classified below set forth the requirements so far as the Supreme Court has had occasion to express itself. The following forms are given as suggestions to prosecutors who have not access to the form books. The following are well established rules as to indictments: 1. All material elements of the offense must be averred. 2. Names must be accurately alleged, 251-431. 3. Surplusage in, will be ignored, 278-104 (107). 4. Statutory exceptions must be negatived. 5. Cannot be amended. 6. Will not be aided by presumptions. 7. Counts for different offenses may be joined. 8. Each count is a separate charge. 9. Must be endorsed by foreman of grand jury. 10. Must be duly returned into court. 11. Names of witnesses before grand jury must be on. 12. Must be in name of People of Illinois. 13. Must conclude, if a common law offense, "against the peace and dignity of the same," or, if a statutory offense, 'contrary to the statute in such case made and provided." For forms not here included see "Bishop's Directions and Forms." General Rules. -For violating Trademark Act-good, 219-474. -For inducing witness to leave State-good, 219-23. -For violation of Dram Shop act-what may contain, 146175. -For immoral publication, Act of 1889, 160-582. -Warehouse Act-indictment under, 132-32. -Kidnapping, 242-138; 20-315. -Verdict must follow indictment, 224-413; 129-521. -Where to be brought, 126-9; 91-142. -Counts may be joined, 96-602; 125-256; 89-571; 68-271; 261-293. -Venue in, 91-142. -When variance not shown, 247-130. -Under section 87 does not cover conveying tools to prisoner, 132-529. -Felony and misdemeanor joining, 131-594; 278-134; 68-271; 96-602. -Pleading to, waives irregularity in finding, 146-175. -For misdemeanor, 65-58. -Immaterial averment need not be proved, 132-504. -One good count supports general verdict, 247-130; 224-201; 113-531; 1-256; 4 Gil. 111; 3 Scam 328; 255-19. -Must be proved as alleged, 229-227; 89-150; 19-74; 269-256. -Alleging John-proof Johnnie-sufficient, 182-411. -Identification of, same as grand jury found, 219-399. -When sufficient-in general, 204-170; 202-53; 252-29; 279435 (438). -When may be attacked-after plea, 218-481. -In term of statute sufficient, 284-620. -New indictment is not new case, 224-218. -Filing new indictment after arraignment-when, 194-506. -Second indictment and nolle prosequi of first does not excuse delay under first, 221-166. -Evidence must prove case made by, 224-201. -For misdemeanor but felony proved-effect, 208-312. -Conviction under, for conspiracy does not bar prosecution under another, for confidence game out of same facts, 242-284. -When not required, 236-612. -What not misjoinder of counts, 113-531; 263-99. -Rules for drawing stated, 244-26. -Need not be signed by State's Attorney, 247-220. -Objections to form, 51-296; 3 Seam. 474; 1 Scam. 476; Breese 256. -Joint indictment-effect, 15-537. -Must be found by grand jury, 3 Gil. 71. -Not quashed because grand jury heard irrelevant evidence, 283-591. -Indorsing offense on, 92-400. -Laying venue in, 91-142; 1 Scam. 456, 397. -Must negative statutory exceptions, 89-571; 85-457; 14101; 11-330. -Averring intent, 69-601. -Technical objections not favored, 69-523. Returning into Court. -65-301; 59-68; 58-160; 39-157; 24-26; 20-430; 3 Gil. 71; 3 Scam. 85; 132-363. Copy of, to Accused. -65-372; 47-468; 2 Gil. 540; 267-45. -Names and descriptions in, 4 Scam. 174; 1 Scam. 399; 257-538. -Foreman must sign, 3 Scam. 85; Breese 145. Amending. -Indictment cannot be amended, 135-435; 132-529. Witnesses not on. -May testify-when, 243-208; 240-633; 240-612; 210-253; 117-422; 117-195; 95-402; 92-600; 74-144; 70-171; 63-508; 14433; 2 Gil. 540. All witnesses on, need not be called, 200-494. -Witnesses not on-discretion of Court as to, 162-259. Motion to Quash. -Pleading not guilty to, waives right to-how far, 247-220. -Appearance of attorney for accused before grand jurv no basis for, 242-284. .i. -Not if one count good, 242-138; 92-369; 254-431: 255-19. -Grand jury illegally selected, 255-19: 226-464 -When refused, 259-69. -Waives errors, 259-592. --Not because names of witnesses are not endorsed on. 117 -What covered by, 3 Scam. 328; 1 Scam. 456 |