Legal Opinion

People ex rel. Boenert v. Barrett

Illinois Supreme Court

Decided April 24, 1903PublishedCited by 62 opinions

Original petition for habeas corpus. At the December term, 1902, of this court, the relator presented his petition for a writ of habeas corpus, directed to Thomas E. Barrett, sheriff of Cook county, to the end that he might be discharged from the custody of the sheriff, who is detaining him by reason of a mittimus issued by the criminal court of Cook county.

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Original petition for habeas corpus. At the December term, 1902, of this court, the relator presented his petition for a writ of habeas corpus, directed to Thomas E. Barrett, sheriff of Cook county, to the end that he might be discharged from the custody of the sheriff, who is detaining him by reason of a mittimus issued by the criminal court of Cook county. Upon consideration of the petition a writ was awarded commanding* the sheriff to cause the relator to be brought before the court, together with the cause of his detention. A return was duly made to the writ at the February term, 1903,…

1Opinion of the CourtJustice Carter

It is strenuously urged, for the relator, that the long interval of two years and five months that intervened between his release on his own recognizance while his motion for a new trial was pending, and the final disposition of that motion and his remandment to custody, which was followed nearly a month later by a sentence to the penitentiary, was tantamount to an abandonment of the proceeding and a release' from further imprisonment, and that the court thereby lost jurisdiction to enter up a judgment on the verdict.

At common law, upon every conviction in the court of king’s bench of a…

2Cases cited16 opinions

  1. People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
  2. Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
  3. Neal v. StateSupreme Court of Georgia · 1898
  4. People ex rel. Smith v. AllenIllinois Supreme Court · 1895
  5. People v. BrownMichigan Supreme Court · 1884

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3Cited by62 opinions

  1. Ex Parte United StatesSupreme Court of the United States · 1916
  2. People v. BreenIllinois Supreme Court · 1976
  3. Com. ex rel. Wilhelm v. MorganSupreme Court of Pennsylvania · 1924
  4. Grundel v. PeopleSupreme Court of Colorado · 1905
  5. In Re CollinsCalifornia Court of Appeal · 1908

57 more not listed; retrieve them via the Exa API.

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