Hertel v. People

Appellate Court of Illinois

Hertel v. People

74 Ill. App. 304, 1897 Ill. App. LEXIS 221

CourtAppellate Court of Illinois

DecidedFebruary 28, 1898

StatusPublished

Cited by2 cases

This text of 74 Ill. App. 304 (Hertel 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

Hertel v. People, 74 Ill. App. 304, 1897 Ill. App. LEXIS 221 (Ill. Ct. App. 1898).

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Opinion

Mr. Justice Dibell

delivered the opinion of the Court.

Appellant was indicted for a misdemeanor and tried and convicted, and fined $20, and seeks a reversal of the judgment against him by an appeal' to this court. An appeal does not lie in a criminal case. Ferrias v. The People, 71 Ill. App. 559 and cases there cited. The state’s attorney has filed briefs for appellee, which is equivalent' to a joinder in error, 'and this authorizes us, if we think proper, to disregard the irregular attempt to bring the case here by appeal, and to treat it as pending upon a writ of error. But the practice referred to does not require us to take that course. We disapprove this irregular mode of procedure, and find nothing in this record furnishing any good reason why we should excuse appellant from seeking a review of the casé in the one way provided by law, namely, by a writ of error. The appeal will be dismissed and appellant will be granted leave to withdraw his record if he desires. Appeal dismissed. :

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Mr. Justice Dibell

delivered the opinion of the Court.

Appellant was indicted for a misdemeanor and tried and convicted, and fined $20, and seeks a reversal of the judgment against him by an appeal' to this court. An appeal does not lie in a criminal case. Ferrias v. The People, 71 Ill. App. 559 and cases there cited. The state’s attorney has filed briefs for appellee, which is equivalent' to a joinder in error, 'and this authorizes us, if we think proper, to disregard the irregular attempt to bring the case here by appeal, and to treat it as pending upon a writ of error. But the practice referred to does not require us to take that course. We disapprove this irregular mode of procedure, and find nothing in this record furnishing any good reason why we should excuse appellant from seeking a review of the casé in the one way provided by law, namely, by a writ of error. The appeal will be dismissed and appellant will be granted leave to withdraw his record if he desires. Appeal dismissed. :

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74 Ill. App. 304, 1897 Ill. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hertel-v-people-illappct-1898.

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