People ex rel. Philmot v. Hessing
Illinois Supreme Court
This was a petition filed 14th of April, 1862, in the Circuit-Court of Cook county, which sets forth that the petitioner is illegally and wrongfully deprived of his liberty by Anthony C. Hessing, who keeps him in his custody, confined in the common jail of Cook county, upon a pretended charge of burglary. Prays for writ of habeas corpus, and to be released and discharged from said confinement.
Read the full summary
This was a petition filed 14th of April, 1862, in the Circuit-Court of Cook county, which sets forth that the petitioner is illegally and wrongfully deprived of his liberty by Anthony C. Hessing, who keeps him in his custody, confined in the common jail of Cook county, upon a pretended charge of burglary. Prays for writ of habeas corpus, and to be released and discharged from said confinement. Writ was issued commanding Hessing, who was the sheriff, to make full return forthwith. Return of the writ in these words: “ The undersigned sheriff of Cook county, respectfully represents that he holds…
1Opinion of the CourtWalker, J.
It is urged, that by the failure of the grand' jury to find an indictment against the relator^ he became' entitled to a discharge from custody. The record fails to-show that the grand jury heard evidence, or acted, upon the accusation against him. The allegation that such action was had by that body was not proved. The law will not presume that the evidence was heard, and that they ignored a bill. Although it may be a legal presumption, that a court was held at the time fixed by law, and a grand jury was regularly empanneled, still it will not be presumed that they acted upon a particular…
2Cited by2 opinions
- Hammond v. People ex rel. VacaroIllinois Supreme Court · 1863
- Ex parte ThompsonIllinois Supreme Court · 1879