Legal Opinion

Heist v. People

Appellate Court of Illinois

Decided December 13, 1894PublishedCited by 2 opinions

Memorandum.—Error to reverse a judgment for costs rendered by the County Court of Iroquois County; the Hon. Moses H. Evans, Judge, presiding. Heard in this court at th 3 May term, 1894.

1Opinion of the CourtJustice Harker

Plaintiff in error, charged by indictment with the commission of a misdemeanor, at the May term, 1892, of the court below, moved for a continuance and supported his motion by affidavit. The court sustained the motion but continued the cause at his costs.

At the October term, following, a trial was had resulting in his acquittal. He now brings the record to this court "and asks a reversal of the judgment against him for the people’s costs of the May term, 1892, amounting to $135.55.

Where a defendant, who is tried upon a criminal charge, is acquitted, he is absolved from the payment of all…

2Cases cited2 opinions

  1. Wells v. McCullockIllinois Supreme Court · 1852
  2. McArthur v. ArtzIllinois Supreme Court · 1889

3Cited by2 opinions

  1. People v. NichollsAppellate Court of Illinois · 1977
  2. People v. NichollsAppellate Court of Illinois · 1977

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