Tracy v. People

The grand jury of Champaign county, at the September term, 1879, of the Champaign circuit court, indicted James M. Tracy, plaintiff in error, for the murder of Alva H. Whitcomb. The cause was tried at the same term of court, resulting in a verdict of guilty of manslaughter, and fixing his punishment by confinement in the penitentiary for a period of twenty-five years. Motions for a new trial and in arrest of judgment were severally overruled and final judgment rendered by the court upon the verdict, to reverse which this writ of error is prosecuted.

By the first assignment of error it is…