Logg v. People
Appellate Court of Illinois
Error to the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. The plaintiffs in error with one William Logg, were indicted at the October term, 1877, of the Knox Circuit Court for riot. The first count of the indictment charged that the defendants having a common cause of quarrel, unlawfully assembled with intent to, and of assaulting one Amos Means.
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Error to the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. The plaintiffs in error with one William Logg, were indicted at the October term, 1877, of the Knox Circuit Court for riot. The first count of the indictment charged that the defendants having a common cause of quarrel, unlawfully assembled with intent to, and of assaulting one Amos Means. The second count charged an assault upon Martin Lowry and Amos Means, and the third count an assault upon one James S. Hallett. At the February term, 1879, of said court, the defendants pleaded not guilty, and were put…
1Opinion of the CourtPillsbuby, J.
The first and second counts of the indictment, upon which the defendants were first tried, being for distinct offenses, a verdict of guilty upon the second count only was equivalent in law to a verdict of not guilty upon the first count. Stolt v. The People, 4 Scam. 168; Keedy v. The People, 84 Ill. 569. And unless such verdict of acquittal should be set 'aside at their instance they could not be, again placed in jeopardy for the same offense. Brennan et al. v. The People, 15 Ill. 511; as the legal effect of the verdict of acquittal, whether any judgment was rendered on it or nob was to bar…
2Cases cited13 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Jones v. StateTexas Supreme Court · 1854
- State v. RossSupreme Court of Missouri · 1859
- Wright v. StateIndiana Supreme Court · 1854
- People v. GilmoreCalifornia Supreme Court · 1854
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3Cited by4 opinions
- People v. JohnsonAppellate Court of Illinois · 1909
- Arnburg v. PeopleAppellate Court of Illinois · 1896
- Hudson v. PeopleAppellate Court of Illinois · 1888
- State v. OwensWashington Supreme Court · 1930