Legal Opinion

McKevitt v. People

Illinois Supreme Court

Decided February 17, 1904PublishedCited by 23 opinions

Writ op Error to the Criminal Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. Plaintiff in error was indicted at the September term, 1902, of the criminal court of Cook county, for the crime of robbery.

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Writ op Error to the Criminal Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. Plaintiff in error was indicted at the September term, 1902, of the criminal court of Cook county, for the crime of robbery. The indictment, consisting of one count, charges that Michael McKevitt, on February 14, 1902, in said county of Cook, made an assault upon one Patrick Cahill, and then and there put said Cahill in bodily fear and danger of his life, and against the will of said Cahill did feloniously and violently, by force and intimidation, from the person of said Cahill rob, steal, take…

1Opinion of the CourtJustice Scott

The motion to quash the indictment seems to have been made after plea. Such a motion cannot be considered after a plea is entered, unless, upon leave obtained, the plea is first withdrawn. The basis of the motion was that the description of the money (two dollars) which the prosecuting witness, Cahill, claimed was taken from him, was included with the -description of many pieces of money of other kinds, so that it was impossible for the defendant to tell what money he was.charged with taking by force from Cahill. This is not ground for quashing- the indictment. If the defendant is entitled to…

2Cases cited5 opinions

  1. Bartholomew v. PeopleIllinois Supreme Court · 1882
  2. Johnson v. PeopleIllinois Supreme Court · 1859
  3. Gillespie v. PeopleIllinois Supreme Court · 1898
  4. Phillips v. PeopleIllinois Supreme Court · 1878
  5. Turley v. PeopleIllinois Supreme Court · 1901

3Cited by23 opinions

  1. People v. MundayIllinois Supreme Court · 1917
  2. The PEOPLE v. SustakIllinois Supreme Court · 1958
  3. People v. WhiteIllinois Supreme Court · 1977
  4. The People v. HalkensIllinois Supreme Court · 1944
  5. People v. KosearasIllinois Supreme Court · 1951

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