Meredeth v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. Major Meredeth was indicted at September term, 1876, of the McLean county circuit court, for the murder of George Murphy. The indictment contains three counts—first, charging the killing to have been done with a gun; second, with an ax, and third, with a weapon to the grand jury unknown. On being arraigned, accused entered a plea of not guilty.
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Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. Major Meredeth was indicted at September term, 1876, of the McLean county circuit court, for the murder of George Murphy. The indictment contains three counts—first, charging the killing to have been done with a gun; second, with an ax, and third, with a weapon to the grand jury unknown. On being arraigned, accused entered a plea of not guilty. At next term of court, the cause was tried before a jury, who found defendant guilty, and that he suffer death as a penalty for the crime committed.…
1Opinion of the CourtJustice Scott
It is not material whether the judge of the circuit court was absent from the court room, during the trial of the cause, by consent of counsel for the defense. Neither accused ■ nor his counsel for him could consent the judge of the court, before whom the cause was being tried, might be elsewhere employed in other official duties, and the cause be presided over by members of the bar selected for that purpose. It makes no difference the judge was in another part of the same building. It is no less error than if he had been in another county. Where the judge is engaged in trying causes, there…
2Cases cited1 opinion
- Hoagland v. CreedIllinois Supreme Court · 1876
3Cited by42 opinions
- People v. VargasIllinois Supreme Court · 1996
- State v. CarnagySupreme Court of Iowa · 1898
- State v. BeuermanSupreme Court of Kansas · 1898
- Durden v. PeopleIllinois Supreme Court · 1901
- Horne v. RogersSupreme Court of Georgia · 1900
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