By constitutional provisions of the respective states of the union, as well as by the constitution of the national government, the accused, in all criminal prosecutions, shall have the right to a speedy and public trial by an impartial jury of the county, state or district in which the crime is alleged to have been committed.1

The constitution of Illinois on this subject is as follows: The right of trial by jury as heretofore enjoyed shall remain inviolate.2

This provision means the right of trial by jury as it existed at the common law, and does not include any statutory rights existing prior to the adoption of the constitution.3

Section 75. Twelve Persons Constitute A Jury

By the common law, twelve men having the required qualifications constitute a lawful jury in the trial of both civil and criminal causes.