Lynch v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of the County of Iroquois; the Hon. Charles R. Starr, Judge, presiding. William Lynch was indicted for murder in the court below, at the Hovember term, 1864. After the indictment was returned into court, the defendant, being in custody, presented his motion in writing in open court, to be admitted to bail, and that the court should hear evidence in the case with the view to determine whether the grade of the offense would entitle him to…
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Writ of Error to the Circuit Court of the County of Iroquois; the Hon. Charles R. Starr, Judge, presiding. William Lynch was indicted for murder in the court below, at the Hovember term, 1864. After the indictment was returned into court, the defendant, being in custody, presented his motion in writing in open court, to be admitted to bail, and that the court should hear evidence in the case with the view to determine whether the grade of the offense would entitle him to that character of relief. The grounds for the motion were: 1st. That the defendant would be able to show that the grand…
1Opinion of the Court
Per Curiam :
The Circuit Court might well have heard the evidence and inquired into the grade of the alleged offense, with the view of allowing or refusing bail, as might have appeared proper upon the facts. The mere fact that a grand jury has found an indictment for murder, does not preclude, an inquiry into the facts of the case, to ascertain whether the offense may not be of such grade as to entitle the prisoner to bail.
Should an innocent man be indicted for murder, as is sometimes done, it would be gross injustice to require him to lie in jail, perhaps for months, until a trial could be…
2Cited by15 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- In re LosassoSupreme Court of Colorado · 1890
- The People v. HarrisIllinois Supreme Court · 1967
- State v. CrockerWyoming Supreme Court · 1895
- Ex parte SmithCourt of Appeals of Texas · 1887
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