Guthmann v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. T. N. Green, Judge, presiding. This is a writ of error to the circuit court of Peoria county to -review the judgment of that court in overruling the motion of the plaintiff in error that he be set at liberty under the provisions of paragraph 623 of the Criminal Code, (1 Starr & Cur.
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Writ of Error to the Circuit Court of Peoria county; the Hon. T. N. Green, Judge, presiding. This is a writ of error to the circuit court of Peoria county to -review the judgment of that court in overruling the motion of the plaintiff in error that he be set at liberty under the provisions of paragraph 623 of the Criminal Code, (1 Starr & Cur. Stat.—2d ed.—p. 1406,) which in part reads as follows: “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…
1Opinion of the CourtChief Justice Hand
The assignments of error in this case call for the construction of the provision of the statute set forth in the statement preceding this opinion. The plaintiff in error had been confined in jail from the 28th day of October, 1902, to the 20th day of March, 1903, without having been given an opportunity for trial, and the only question in this case is whether the time of his commitment for the purposes of a discharge under said statute dates from the 28th day of October, 1902, the day of his incarceration under the mittimus issued by the police magistrate, or from the 23d day of January,…
2Cases cited3 opinions
- Gillespie v. PeopleIllinois Supreme Court · 1898
- Brooks v. PeopleIllinois Supreme Court · 1878
- United States v. FoxMontana Supreme Court · 1880
3Cited by11 opinions
- The People v. KiddIllinois Supreme Court · 1934
- The People v. JonesIllinois Supreme Court · 1965
- People v. TamborskiIllinois Supreme Court · 1953
- Newlin v. PeopleIllinois Supreme Court · 1906
- The People v. EmblenIllinois Supreme Court · 1935
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