Legal Opinion

McCann v. People

Illinois Supreme Court

Decided April 18, 1907PublishedCited by 13 opinions

Writ op Error to the Criminal Court of Cook county; the Hon. Gporgp A. Dupuy, Judge, presiding. The grand jury of Cook county, at the January term, 1906, returned into the criminal court of said county an indictment charging Philip McEwen, George McEwen and George McCann with the murder of one William Bielski on January 24, 1906. George McEwen was not apprehended, Philip McEwen was acquitted and George McCann was convicted, and after overruling motions for a new trial and in…

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Writ op Error to the Criminal Court of Cook county; the Hon. Gporgp A. Dupuy, Judge, presiding. The grand jury of Cook county, at the January term, 1906, returned into the criminal court of said county an indictment charging Philip McEwen, George McEwen and George McCann with the murder of one William Bielski on January 24, 1906. George McEwen was not apprehended, Philip McEwen was acquitted and George McCann was convicted, and after overruling motions for a new trial and in arrest of judgment the court sentenced said George McCann, upon the verdict, to the penitentiary for his natural life,…

1Opinion of the CourtJustice Hand

It is first contended that the evidence is insufficient to sustain the judgment. The evidence clearly shows that George McCann was present in the saloon of William Bielski on the afternoon and evening of January 24, 1906, and that he fired the shot which caused the death of William Bielski, and the only question that is open to discussion upon this record as to the guilt of George McCann is, did he take the life of William Bielski with intent to commit murder or did he take his life in self-defense? Mary Bielski testified that he went behind the bar or reached over the bar and took the…

2Cases cited4 opinions

  1. Ackerson v. PeopleIllinois Supreme Court · 1888
  2. Jennings v. PeopleIllinois Supreme Court · 1901
  3. Maguire v. PeopleIllinois Supreme Court · 1905
  4. North Chicago Street Railroad v. LeonardIllinois Supreme Court · 1897

3Cited by13 opinions

  1. People v. BuckminsterIllinois Supreme Court · 1916
  2. The PEOPLE v. UnderhillIllinois Supreme Court · 1967
  3. Hale v. United StatesCourt of Appeals for the Eighth Circuit · 1928
  4. People v. WeilIllinois Supreme Court · 1909
  5. Waschow v. Kelly Coal Co.Illinois Supreme Court · 1910

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