Schirmer v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Randolph county ; the Hon. Silas L. Bryan, Judge, presiding. William Schirmer was indicted in the court below for murder; the trial resulted in a conviction for manslaughter, and a judgment was entered accordingly, from which he prosecuted a writ of error to this court in the First Grand Division, where, at the November Term, 1863, such proceedings were had that, upon the application of the State’s attorney, a writ of certiorari was…
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Writ of Error to the Circuit Court of Randolph county ; the Hon. Silas L. Bryan, Judge, presiding. William Schirmer was indicted in the court below for murder; the trial resulted in a conviction for manslaughter, and a judgment was entered accordingly, from which he prosecuted a writ of error to this court in the First Grand Division, where, at the November Term, 1863, such proceedings were had that, upon the application of the State’s attorney, a writ of certiorari was awarded, directing the clerk of the Circuit Court to send up a complete record; and then, by agreement of parties, the cause…
1Opinion of the CourtJustice Breese
The only question made in this case, is on the record itself. The plaintiff in error insists that it is not a record for reasons which he assigns. The first record was made out by the clerk of the Circuit Court, October 21, 1863, and very inartificially. It contained no placita and was wanting in important formal parts. It was, however, certified by the clerk to contain “ a full and true history of the proceedings in the trial of said cause, The People of the State of Illinois v. William Schirmer, which appear of record as is stated in the foregoing copy in my office.”
On certiorari, on behalf…
2Cases cited1 opinion
- Adams v. BetzSupreme Court of Pennsylvania · 1833
3Cited by22 opinions
- Gallagher v. PeopleIllinois Supreme Court · 1904
- Peters v. United StatesCourt of Appeals for the Ninth Circuit · 1899
- Irvin v. StateSupreme Court of Florida · 1883
- Harris v. PeopleIllinois Supreme Court · 1889
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
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