Legal Opinion

Baxter v. People

Illinois Supreme Court

Decided December 15, 1846PublishedCited by 13 opinions

Indictment for murder against the plaintiff in error, tried in the Warren Circuit Court, at the November term 1846, before the Hon. Norman H. Purple and a jury, when a verdict of guilty was rendered and sentence of death pronounced.

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Indictment for murder against the plaintiff in error, tried in the Warren Circuit Court, at the November term 1846, before the Hon. Norman H. Purple and a jury, when a verdict of guilty was rendered and sentence of death pronounced. A previous trial was had in the Rock Island Circuit Court, with a like result, when the accused brought the cause to this Court by writ of error, (see 2 Gilm. 578,) procured a reversal of the former judgment, and subsequently obtained a change of venue to the Warren Circuit Court. The prominent facts and proceedings upon the last trial are adverted to by the Court…

1Opinion of the Court

The Opinion of the Court was delivered by

Caton, J.*

Some of the questions presented in this record are important in themselves; all are important from the nature of the case, and from the consequences which may flow from our determination.

It is assigned for error, that the Court overruled the defendant’s motion for a continuance, and we will first inquire whether such decision can be assigned for error here. It is not pretended that it could be at Common Law. It is, however, insisted, that that right is secured under our statute. The Common Law prescribes no given state of facts. which shall…

2Cases cited4 opinions

  1. Huidekoper v. CottonSupreme Court of Pennsylvania · 1834
  2. Nabors v. StateSupreme Court of Alabama · 1844
  3. Hoghtaling v. OsbornNew York Supreme Court · 1818
  4. Chapman v. State ex rel. ConerleyIndiana Supreme Court · 1839

3Cited by13 opinions

  1. People v. WashingtonAppellate Court of Illinois · 1982
  2. Howard v. StateCourt of Criminal Appeals of Texas · 1922
  3. State v. NargashianSupreme Court of Rhode Island · 1904
  4. People v. DossAppellate Court of Illinois · 1981
  5. People v. Brinkman, New York County Courts1953

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