Smith v. People
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District. This was a prosecution instituted in the county court of White county, against Smith, upon the charge of resisting an officer. A trial in the county court resulted in the conviction of the defendant, whereupon the court imposed a fine of $15, and sentenced the defendant to imprisonment in the county jail for one hour.
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Writ of Error to the Appellate Court for the Fourth District. This was a prosecution instituted in the county court of White county, against Smith, upon the charge of resisting an officer. A trial in the county court resulted in the conviction of the defendant, whereupon the court imposed a fine of $15, and sentenced the defendant to imprisonment in the county jail for one hour. The defendant thereupon appealed to the Appellate Court, where the judgment of the county court was affirmed. The case is brought to this court for review, upon writ of error to the Appellate Court.
1Opinion of the Court
Scholfield, J.:
The motion to dismiss the writ of error must be denied. Section 11 of article 6 of the constitution of 1870, providing for the creation of “ inferior appellate courts,” declares that writs of error shall lie to such courts from this court “in all criminal cases.” This is a criminal •case, though below the grade of felony. The writ of error to the Appellate Court, in such cases, is a writ of right, under the constitution, of which the party can not be deprived by legislation. Section 88 of the Practice act, as amended in 1879, requires “all criminal cases below the grade of…
2Cited by3 opinions
- The People v. BarberIllinois Supreme Court · 1932
- McDonald v. PeopleAppellate Court of Illinois · 1888
- Anderson v. PeopleAppellate Court of Illinois · 1888