Lynn v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Massac county; the Hon. A. K. Vickers, Judge, presiding. At the November term, 1896, of the circuit court of Massac county plaintiff in error was convicted of the crime of murder and sentenced to the penitentiary for sixteen years. From this conviction he has sued out this writ of error. It appears from the record that plaintiff in error was marshal of the village of Brooklyn, in Massac county.
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Writ op Error to the Circuit Court of Massac county; the Hon. A. K. Vickers, Judge, presiding. At the November term, 1896, of the circuit court of Massac county plaintiff in error was convicted of the crime of murder and sentenced to the penitentiary for sixteen years. From this conviction he has sued out this writ of error. It appears from the record that plaintiff in error was marshal of the village of Brooklyn, in Massac county. On the second day of May, the day the shooting took place, plaintiff in error borrowed a gun, and had been shooting unmuzzled dogs by order of the mayor. Milas…
1Opinion of the CourtJustice Craig
Did the court err in the instructions given on behalf of the People?—or, in -other words, was the law properly presented to the jury, as applied to an officer whose duty it was to prevent breaches of the peace?
Paragraph 340 of the Criminal Code (Hurd’s Stat. 1895, p. 571,) provides: “It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman or other officer of any incorporated city, town or village having the power of a sheriff or constable, when any criminal offense or breach of the peace is committed or attempted in his presence, forthwith to apprehend the…
2Cases cited4 opinions
- Shanley v. WellsIllinois Supreme Court · 1873
- Panton v. PeopleIllinois Supreme Court · 1885
- Cahill v. PeopleIllinois Supreme Court · 1883
- Main v. McCartyIllinois Supreme Court · 1854
3Cited by17 opinions
- State v. WhiteOhio Supreme Court · 2015
- The People v. SwiftIllinois Supreme Court · 1925
- Idrogo v. PeopleSupreme Court of Colorado · 1991
- Crowell v. PeopleIllinois Supreme Court · 1901
- State v. SmithSupreme Court of Iowa · 1905
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