Kizer v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Coles county; the Hon. M. W. Thompson, Judge, presiding. Plaintiff in error was indicted for perjury at the October term, 1903, of the circuit court of Coles county, and at the January term of said court was tried and found guilty as charged in the first and third counts of the indictment, the court having sustained a motion to quash the second count, and judgment was entered sentencing the plaintiff in error to imprisonment in the…
Read the full summary
Writ op Error to the Circuit Court of Coles county; the Hon. M. W. Thompson, Judge, presiding. Plaintiff in error was indicted for perjury at the October term, 1903, of the circuit court of Coles county, and at the January term of said court was tried and found guilty as charged in the first and third counts of the indictment, the court having sustained a motion to quash the second count, and judgment was entered sentencing the plaintiff in error to imprisonment in the penitentiary. The court having overruled a motion in arrest of judgment and for a new trial, this writ of error was sued out…
1Opinion of the CourtChief Justice Ricks
It is urged that the indictment in this case is insufficient, in that it does not aver (i) that the alleged perjury was committed in the course of a judicial proceeding; (2) that it is not averred that the court had jurisdiction of the parties and the subject matter of the original proceeding; (3) that the present indictment shows and avers that plaintiff in error was on trial at the time of the alleged perjury for two distinct offenses,—4. e., gaming and keeping a gaming house,— upon which the facts peculiar to each offense were material on the trial to that offense alone, and that the…
2Cases cited19 opinions
- People v. PhelpsNew York Supreme Court · 1830
- Maynard v. PeopleIllinois Supreme Court · 1890
- Hereford v. PeopleIllinois Supreme Court · 1902
- Morrell v. PeopleIllinois Supreme Court · 1863
- Pollard v. PeopleIllinois Supreme Court · 1873
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
- People v. AshbrookIllinois Supreme Court · 1916
- People v. BrownIllinois Supreme Court · 1912
- People v. ThreewittIllinois Supreme Court · 1911
- People v. MyersIllinois Circuit Court · 1908