Legal Opinion

People ex rel. Brown v. Sheriff

Illinois Circuit Court

Decided December 6, 1877Published

Petition for habeas corpus. Heard before Judge McAllister. The facts are stated in the opinion.

1Opinion of the Court

McAllister, J.:—

Section 2 of the vagrancy act of 1877 (Session Laws 1877, p. 88) under which relator was tried by the police magistrate without a jury, and sentenced to six months’ imprisonment, imperatively requires the justice of the peace or police magistrate before whom complaint is made against any person for vagrancy, to proceed within thirty-six hours, and try the accused; and if such justice shall find him guilty, he is authorized to sentence him to six months’ imprisonment in the jail, calaboose or house of correction, or at hard labor upon the public streets or highways. It then…

2Cases cited8 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. City of Springfield v. EdwardsIllinois Supreme Court · 1877
  3. Hills v. City of ChicagoIllinois Supreme Court · 1871
  4. Ross v. IrvingIllinois Supreme Court · 1852
  5. Murphy v. PeopleNew York Supreme Court · 1824

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