Heist v. People

Appellate Court of Illinois

Heist v. People

56 Ill. App. 391, 1894 Ill. App. LEXIS 751

CourtAppellate Court of Illinois

DecidedDecember 13, 1894

StatusPublished

Cited by2 cases

This text of 56 Ill. App. 391 (Heist v. People) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heist v. People, 56 Ill. App. 391, 1894 Ill. App. LEXIS 751 (Ill. Ct. App. 1894).

Pincite

Opinion

Mr. Justice Harker

delivered the opinion oethe Court.

Plaintiff in error, charged by indictment with the commission of a misdemeanor, at the May term, 1892, of the court below, moved for a continuance and supported his motion by affidavit. The court sustained the motion but continued the cause at his costs.

At the October term, following, a trial was had resulting in his acquittal. He now brings the record to this court "and asks a reversal of the judgment against him for the people’s costs of the May term, 1892, amounting to $135.55.

Where a defendant, who is tried upon a criminal charge, is acquitted, he is absolved from the payment of all costs. Wells v. McCullock, 13 Ill. 606; McArthur v. Artz, 129 Ill. 352.

If he shows a legal right to a continuance in order to properly present his defense, he can not be compelled to pay the costs of the term to obtain it. Judgment reversed.

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