Legal Opinion

Kennedy v. People

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 6 opinions

Writ of Error to the Circuit Court of Lake county; the Hon. E. S. Williams, Judge, presiding. At the September Term of the Circuit Court of Cook county, John Kennedy, Patrick Fleming and William Corbett were indicted for the murder of one Patrick Maloney. At a subsequent term of that court, on motion of Kennedy, he was ordered to have a separate trial.

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Writ of Error to the Circuit Court of Lake county; the Hon. E. S. Williams, Judge, presiding. At the September Term of the Circuit Court of Cook county, John Kennedy, Patrick Fleming and William Corbett were indicted for the murder of one Patrick Maloney. At a subsequent term of that court, on motion of Kennedy, he was ordered to have a separate trial. Corbett and Fleming were tried at the following November Term, and convicted of the crime of murder, and have since been executed. After the conviction of Corbett and Fleming, on petition of Kennedy, there was a change of venue in his case to…

1Opinion of the CourtJustice Breese

This was an indictment found in the Superior Court of Chicago against the plaintiff in error, and two others, for murder. A separate trial was allowed the plaintiff in error, and a change of venue awarded on his application, to Lake county, where a trial was had resulting in a verdict of guilty.

A motion was made to set aside the verdict and grant a new trial on the grounds, that the court had misdirected the jury, and that the verdict was against the evidence and law of the case.

The motion was overruled and exceptions taken, and the cause brought here by writ of error on a bill of exceptions.…

2Cases cited2 opinions

  1. Howard Fire & Marine Insurance v. CornickIllinois Supreme Court · 1860
  2. May v. TallmanIllinois Supreme Court · 1858

3Cited by6 opinions

  1. Earll v. PeopleIllinois Supreme Court · 1874
  2. State v. GibbsMontana Supreme Court · 1890
  3. Steiner v. PeopleIllinois Supreme Court · 1900
  4. Woodruff v. StateSupreme Court of Florida · 1893
  5. Territory v. O'DonnellNew Mexico Supreme Court · 1887

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