Legal Opinion

Hiner v. People

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 20 opinions

Writ of Error, to the Circuit Court of Stark County; the Hon. A. L. Merriman, Judge, presiding. This was a prosecution for obstructing a public highway, in the Stark Circuit Court. At the November term, a. d. 1861, of the Stark County Circuit Court, an indictment was found against the plaintiff in error, containing three counts.

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Writ of Error, to the Circuit Court of Stark County; the Hon. A. L. Merriman, Judge, presiding. This was a prosecution for obstructing a public highway, in the Stark Circuit Court. At the November term, a. d. 1861, of the Stark County Circuit Court, an indictment was found against the plaintiff in error, containing three counts. The first count charges that the plaintiff in error “ did unlawfully, with force and arms, erect and build a fence, thereby, then and there obstructing the public road, and then and there, by said fence and said obstruction rendering the said public road inconvenient…

1Opinion of the CourtChief Justice Walker

Ho objection is perceived to the first and second counts of the indictment. Even if the third is defective, which we deem unnecessary to determine, the good counts will support the judgment. The rule is of uniform application, that a conviction on a general verdict will be sustained, although some of the counts are faulty, if there be one good count in the indictment. The first and second counts being good, they will sustain this general verdict and the 'judgment of conviction. We must presume, unless the contrary appears, that the conviction was under the good, and not under faulty counts.

The…

2Cited by20 opinions

  1. People v. SmithIllinois Supreme Court · 2009
  2. Ochs v. PeopleIllinois Supreme Court · 1888
  3. Gallagher v. PeopleIllinois Supreme Court · 1904
  4. People v. McCannIllinois Supreme Court · 1910
  5. People v. SmithIllinois Supreme Court · 1909

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