Legal Opinion

Sattler v. People

Illinois Supreme Court

Decided June 15, 1871PublishedCited by 13 opinions

Writ of Error to the Circuit Court of Clinton county; the Hon. Silas L. Bryan,. Judge, presiding. This was a prosecution for malicious mischief. The indictment charges the defendant with maliciously breaking, tearing, and pulling down a plank and post fence, and destroying the same.

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Writ of Error to the Circuit Court of Clinton county; the Hon. Silas L. Bryan,. Judge, presiding. This was a prosecution for malicious mischief. The indictment charges the defendant with maliciously breaking, tearing, and pulling down a plank and post fence, and destroying the same. It appears, the fence so alleged to have been torn down and destroyed, was in process of erection by the prosecuting witnesses, across a lot of ground in the actual possession of the defendant, and which he claimed he was entitled to as their lessee. The prosecutors contended he was only entitled to a part of the…

1Opinion of the CourtJustice Breese

This was an indictment in the Clinton circuit court, for malicious mischief, and a verdict of guilty and a fine imposed.

To reverse this judgment defendant brings the record to this court, assigning for error, that his motion in arrest of judgment was overruled, and the refusal of the court to give the instruction asked on his behalf.

These points we are of opinion are well taken. The record does not show that the indictment was brought into court by the Grand Jury. There is nothing tending to show this but the minutes of the judge, which he is not required to keep, and which he does keep for…

2Cases cited1 opinion

  1. McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864

3Cited by13 opinions

  1. Rosenberg v. StateCourt of Appeals of Maryland · 1933
  2. The People v. PowellIllinois Supreme Court · 1933
  3. Colbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
  4. Koch v. PeopleSupreme Court of Colorado · 1922
  5. Ferkel v. PeopleAppellate Court of Illinois · 1885

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