Newlin v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding. Samuel Newlin, the plaintiff in error, was on March 2, 1905, arrested and taken before a justice of the peace of Iroquois county to answer to the charge of burglary preferred against him. The hearing was continued to March 7, 1905, and Newlin, failing to give bail, was committed by said justice to the county jail of Iroquois county.
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Writ op Error to the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding. Samuel Newlin, the plaintiff in error, was on March 2, 1905, arrested and taken before a justice of the peace of Iroquois county to answer to the charge of burglary preferred against him. The hearing was continued to March 7, 1905, and Newlin, failing to give bail, was committed by said justice to the county jail of Iroquois county. On March 7 the hearing was again postponed to the following day, and Newlin was re-committed to the county jail. No further proceedings were had before the justice,…
1Opinion of the CourtJustice Scott
Section 438 of chapter 38, Hurd’s Revised Statutes of 1903, provides:
“Any person committed for a criminal or supposed criminal offense, and not admitted to bail, and not tried at some term of the court having jurisdiction of the offense commencing within four months of the date of commitment, or if there is no term commencing within that time, then at or before the first term commencing after said four months, shall be set at liberty by the court, unless the delay shall happen on the application of the prisoner, or unless the court is satisfied that due exertion has been made to procure the…
2Cases cited2 opinions
- Brooks v. PeopleIllinois Supreme Court · 1878
- Guthmann v. PeopleIllinois Supreme Court · 1903
3Cited by33 opinions
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- The People v. BensonIllinois Supreme Court · 1960
- Ex Rel Eubanks v. Cole, District JudgeCourt of Criminal Appeals of Oklahoma · 1910
- The People v. HouseIllinois Supreme Court · 1957
- State v. CrawfordWest Virginia Supreme Court · 1919
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