Hodson v. Miner

CourtSupreme Court of Illinois
Writing for the CourtCRAIG
PartiesPEOPLE ex rel. HODSON, State Fish Warden, v. MINER et al.
Decision Date19 January 1893

144 Ill. 308
33 N.E. 40

PEOPLE ex rel. HODSON, State Fish Warden,
v.
MINER et al.1

Supreme Court of Illinois.

Jan. 19, 1893.


Error to circuit court, Mercer county; John J. Glenn, Judge.

Prosecution of James Miner and Fred Selleck for violation of the fish law. Defendants were acquitted. The people bring error. Affirmed.


[144 Ill. 308]J. M. Brock, for the People.

Pepper & Scott, for defendants in error.


CRAIG, J.

This was a prosecution instituted before a justice of the peace of Mercer county against James Miner and Fred Selleck for a violation of the fish law, by illegally catching and killing fish with a seine, contrary to the statute of the state. The prosecution was commenced by filing a sworn complaint before the [144 Ill. 309]justice, upon which a warrant was issued, in the name of the people, for the arrest of the defendants named in the complaint. The defendants were arrested and brought before the justice, where a trial was had before a jury, resulting in a verdict of not guilty, and the defendants were discharged. Walter D. Hodson, who made the complaint, took an appeal to the circuit court, where, on motion of the defendants, the appeal was dismissed. An application was made for an appeal, which the court refused, but a transcript of the proceedings in the circuit court, duly certified by the clerk of that court, has been filed in this court, upon which errors have

[33 N.E. 41]

been assigned; and as the defendants have appeared, and filed briefs, the record may be treated as filed in answer to a writ of error.

The circuit court, as we understand the record, dismissed the appeal on the ground that the proceeding was a criminal prosecution, and, as there had been one trial before the justice of the peace and a jury, the defendants could not be tried a second time for the same offense, on appeal or otherwise. Section 10, art. 2, of our constitution, provides: ‘No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense.’ Section 14 of the fish law of 1885 and 1887 provides that any defendant who may ve arrested, or, in case of acquittal, the [144 Ill. 310]party making the complaint, or any person who will give the necessary bond, shall have the right of appeal on the same terms as in civil cases before justices. As the statute is sufficiently comprehensive to allow an appeal in a case of this character, on behalf of the people, the only question to be determined is whether the statute is in conflict with the constitution. On the 31st of May, 1887, the legislature passed an act to encourage the propagation and cultivation, and secure the protection, of fish, in all the waters of this state. This act contained 16 sections, and provided that all acts in conflict with the act should be repealed. On the 3d day of June, 1889, another act was passed, amending the act of 1887 by substituting sections 1-6 and section 15 for sections 1-6 and section 15 in the other act. The act was again amended in 1891. But as this prosecution was commenced in November, 1890, it must be controlled by the acts of 1887 and 1889, and such portions of the act of 1885 as were not repealed by the act of 1887. Section 8 of act of 1887 requires all suits brought to enforce the provisions of the act to be brought before a justice of the peace, in the name of the people, on the complaint of any person showing by affidavit that some section of the act had been violated. Section 10 provides that, if the justice before whom the complaint is made shall be satisfied that there is reasonable cause, he shall issue his warrant, directed to the sheriff or constable of the county, commanding him forth with to arrest and bring before him the person alleged to be...

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18 practice notes
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • May 26, 1927
    ...section 9 of the Constitution. This is the view expressed in 1 Wharton's Criminal Law (11th Ed.) 513; 16 C.J. 236, § 6; People v. Miner, 144 Ill. 308, 33 N.E. 40, 19 L.R.A. 342, 343; Portland v. Erickson, 39 Or. 1, 62 P. 753. The demurrers were properly sustained to pleas of puis darrein co......
  • State v. Brunn, 29263.
    • United States
    • United States State Supreme Court of Washington
    • January 4, 1945
    ...have been held to violate the constitutional provisions prohibiting double jeopardy. People v. Webb, 38 Cal. 467; People v. Miner, 144 Ill. 308, 33 N.E. 40, 19 L.R.A. 342; Ex parte Bornee, 76 W.Va. 360, 85 S.E. 529, L.R.A.1915F, 1093, and other cases.' Respondent cites these cases, and adds......
  • Thomas Kepner v. United States, No. 244
    • United States
    • United States Supreme Court
    • May 31, 1904
    ...been in jeopardy as much as he could have been in those tribunals where a jury is alone competent to convict or acquit. People v. Miner, 144 Ill. 308, 19 L. R. A. 342, 33 N. E. 40; State v. Bowen, 45 Minn. 145, 47 N. W. 650; State v. layne, 96 Tenn. 668, 36 S. W. 390. In United States v. Sa......
  • State v. Witte
    • United States
    • United States State Supreme Court of Wisconsin
    • June 16, 1943
    ...statutes have been held to violate the constitutional provisions prohibiting double jeopardy. People v. Webb, 38 Cal. 467;People v. Miner, 144 Ill. 308, 33 N.E. 40,19 L.R.A. 342; Ex parte Bornee, 76 W.Va. 360, 85 S.E. 529, L.R.A.1915F, 1093, and other cases. In State v. Felch, 92 Vt. 477, 1......
  • Request a trial to view additional results
18 cases
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • May 26, 1927
    ...section 9 of the Constitution. This is the view expressed in 1 Wharton's Criminal Law (11th Ed.) 513; 16 C.J. 236, § 6; People v. Miner, 144 Ill. 308, 33 N.E. 40, 19 L.R.A. 342, 343; Portland v. Erickson, 39 Or. 1, 62 P. 753. The demurrers were properly sustained to pleas of puis darrein co......
  • State v. Brunn, 29263.
    • United States
    • United States State Supreme Court of Washington
    • January 4, 1945
    ...have been held to violate the constitutional provisions prohibiting double jeopardy. People v. Webb, 38 Cal. 467; People v. Miner, 144 Ill. 308, 33 N.E. 40, 19 L.R.A. 342; Ex parte Bornee, 76 W.Va. 360, 85 S.E. 529, L.R.A.1915F, 1093, and other cases.' Respondent cites these cases, and adds......
  • Thomas Kepner v. United States, No. 244
    • United States
    • United States Supreme Court
    • May 31, 1904
    ...been in jeopardy as much as he could have been in those tribunals where a jury is alone competent to convict or acquit. People v. Miner, 144 Ill. 308, 19 L. R. A. 342, 33 N. E. 40; State v. Bowen, 45 Minn. 145, 47 N. W. 650; State v. layne, 96 Tenn. 668, 36 S. W. 390. In United States v. Sa......
  • State v. Witte
    • United States
    • United States State Supreme Court of Wisconsin
    • June 16, 1943
    ...statutes have been held to violate the constitutional provisions prohibiting double jeopardy. People v. Webb, 38 Cal. 467;People v. Miner, 144 Ill. 308, 33 N.E. 40,19 L.R.A. 342; Ex parte Bornee, 76 W.Va. 360, 85 S.E. 529, L.R.A.1915F, 1093, and other cases. In State v. Felch, 92 Vt. 477, 1......
  • Request a trial to view additional results

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