McGowan v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of La Salle county. John McGowan and Thomas Garrity were indicted, and upon a trial were convicted of the crime of burglary, and were duly sentenced to serve a term in the penitentiary. After their trial and conviction the defendants sued out this writ of error to bring in review the rulings and judgment of the court below.
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Writ of Error to the Circuit Court of La Salle county. John McGowan and Thomas Garrity were indicted, and upon a trial were convicted of the crime of burglary, and were duly sentenced to serve a term in the penitentiary. After their trial and conviction the defendants sued out this writ of error to bring in review the rulings and judgment of the court below. It is now made to appear to the court that since the suing out of the writ of error the prisoners have escaped from the county jail of La Salle county, in which they were still imprisoned, and as yet they have not been recaptured, nor…
1Opinion of the Court
Scott, Ch. J.:
The plaintiffs' in error are in no position to invoke the judgment of this court in respect to the errors alleged to have been committed on their trial and conviction in the court below. They do not stand ready to abide that judgment when pronounced, but since suing out the writ they have broken jail, and fled from the custody of the officer, and are standing in defiance of the law and its officers. It is a matter within the discretion of the court whether we will hear the writ under these circumstances. The better practice clearly is, that the cause shall not proceed to a…
2Cited by18 opinions
- People v. ParteeIllinois Supreme Court · 1988
- People v. GarciaIllinois Supreme Court · 2011
- State v. . JacobsSupreme Court of North Carolina · 1890
- Tyler v. StateCourt of Criminal Appeals of Oklahoma · 1909
- People v. EstepIllinois Supreme Court · 1952
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