Richcreek v. City of Rock Island

Full title: Fred S. Richcreek, Appellee, v. City of Rock Island, Appellant

Court: Appellate Court of Illinois

Date published: Mar 8, 1946

328 Ill. App. 316 (Ill. App. Ct. 1946)

65 N.E.2d 588

Opinion

Gen. No. 10,039. (Abstract of Decision.)

Opinion filed March 8, 1946 Released for publication April 1, 1946

JURY, § 89^_ — effect of failure to question juror on voir dire as to qualifications where disqualifying fact later discovered. Where it was contended that trial court erred in not granting new trial because it was discovered after verdict that one of jurors had been convicted of grand larceny and had not been restored to his legal rights, and it appeared record did not show that any questions relating to his qualification were propounded to juror on voir dire, held that since defendant did not show by record that it made any attempt to learn qualification of such juror, it could not complain because of such later acquired knowledge.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Rock Island county; the Hon. LEONARD E. TELLEEN, Judge, presiding.

Judgment affirmed. Heard in this court at the February term, 1946.

Leo J. Herbert, for appellant;

Earl L. Scott, of counsel;

Charles C. Richard M. Spencer and Carl H. Wilson, for appellee.

Opinion by JUSTICE BRISTOW.

Not to be published in full. Opinion filed March 8, 1946; released for publication April 1, 1946.