Legal Opinion

Musick v. People

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 20 opinions

Writ of Error to the Circuit Court of McLean county; the Hon. John. M. Scott, Judge, presiding: On the 10th day of April, 1863, an indictment was returned into the Circuit Court of Logan county, against Abraham Mustek, charging him with the larceny of a horse. Subsequently, the cause was removed, upon change of venue, into the Circuit Court of McLean county, where a trial was had at the December Term, 1865, resulting in a verdict of guilty.

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Writ of Error to the Circuit Court of McLean county; the Hon. John. M. Scott, Judge, presiding: On the 10th day of April, 1863, an indictment was returned into the Circuit Court of Logan county, against Abraham Mustek, charging him with the larceny of a horse. Subsequently, the cause was removed, upon change of venue, into the Circuit Court of McLean county, where a trial was had at the December Term, 1865, resulting in a verdict of guilty. A new trial was granted, and upon a second trial, at the March Term, 1866, the defendant was again found guilty. A second application for a new trial was…

1Opinion of the CourtChief Justice Walker

This was a prosecution for larceny. This record discloses the fact that plaintiff in error, had been recognized for his appearance at the Circuit Court, and was in attendance according to the exigencies of his recognizance. That on the opening of the court below, on the morning of the fifth day of the term to which the recognizance was returnable, the attorney of plaintiff in error entered a motion to have the grand jury brought to the bar of the court for the purpose of having it purged of members who, it was alleged, had, before hearing the evidence, expressed the opinion that accused was…

2Cases cited4 opinions

  1. People v. JewettNew York Supreme Court · 1829
  2. Case of TuckerMassachusetts Supreme Judicial Court · 1811
  3. State v. ClarissaSupreme Court of Alabama · 1847
  4. Jones v. StateIndiana Supreme Court · 1831

3Cited by20 opinions

  1. Remus v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  2. State v. HamlinSupreme Court of Connecticut · 1879
  3. Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
  4. Bartram v. StateCourt of Special Appeals of Maryland · 1976
  5. Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1893

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