Mullen v. People
Illinois Supreme Court
WRIT op Error to the Circuit Court of tbe county of Cook; the Hon. George Manierre, Judge, presiding. Patrick Mullen was indicted in the court below, for manslaughter. Upon the trial, the court instructed the jury, on behalf of the prosecution, “ that if they should find the defendant guilty as charged in the indictment, they should fix his term of imprisonment in the penitentiary not less than one year, and might fix it for his natural life.”
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WRIT op Error to the Circuit Court of tbe county of Cook; the Hon. George Manierre, Judge, presiding. Patrick Mullen was indicted in the court below, for manslaughter. Upon the trial, the court instructed the jury, on behalf of the prosecution, “ that if they should find the defendant guilty as charged in the indictment, they should fix his term of imprisonment in the penitentiary not less than one year, and might fix it for his natural life.” The jury returned a verdict of guilty, and fixed the term of imprisonment of the defendant in the penitentiary, at one year. A judgment was entered…
1Opinion of the Court
Mr. Justice "Waleek
delivered tbe opinion of tbe Court.
It is insisted t.bat tbe court erred in its instruction to tbe jury. On behalf of the prosecution, the court gave an instruction, that if the jury found the defendant guilty, they should fix the term of his imprisonment, in the penitentiary, at a period of not less than one year, and might extend it to the period of his life. It is insisted that the instruction is erroneous, because the act of 1845, R. S. 156, authorizes the confinement of persons convicted of manslaughter, for a term less than one year. It is yivged that the act of 1859…
2Cited by6 opinions
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- Coates v. PeopleIllinois Supreme Court · 1874
- Dinckerlocker v. MarshIndiana Supreme Court · 1881
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