Compton v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Lee County; the lion. William W. Heaton, Judge-, presiding. This was a scire facias upon a recognizance to answer to-an indictment.
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Writ op Error to the Circuit Court of Lee County; the lion. William W. Heaton, Judge-, presiding. This was a scire facias upon a recognizance to answer to-an indictment. The scire facias is as follows: “ State of Illinois, Lee County, ss.: “The people of the State of Illinois, to the sheriff of said county, greeting: “ Whereas, at the May term, A. D. 1875, of the circuit court in said county of Lee and State aforesaid, Levi Compton was indicted by the grand jury having lawful authority, for the crime of selling liquor without license; which said indictment was duly presented by said grand…
1Opinion of the CourtJustice Sheldon
The objections taken to the scire facias are, that it does not show that the recognizance was entered into before any officer or court authorized to take it; nor that it ever became a matter of record of the Lee circuit court; and that it does not recite that it was conditioned for the appearance of the principal cognizor to answer for any crime known to the law.
The point is made, on the part of the people, that the plea of nul iiel record in a proceeding by scire facias on a forfeited recognizance puts in issue the record of the recognizance and the declaration of its forfeiture, and that…
2Cases cited2 opinions
- Wear v. Jacksonville & Savannah RailroadIllinois Supreme Court · 1860
- Young v. PeopleIllinois Supreme Court · 1857
3Cited by6 opinions
- West v. StateSupreme Court of Florida · 1915
- People v. LewisAppellate Court of Illinois · 1918
- Robertson v. MoirAppellate Court of Illinois · 1900
- Petty v. PeopleAppellate Court of Illinois · 1886
- Rich v. ScalioAppellate Court of Illinois · 1904
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