Ingraham v. People of State

• Court: Illinois Supreme Court
• Writing for the Court: SHELDON
• Citation: Ingraham v. People of State , 94 Ill. 428, 1880 WL 9965 (Ill. 1880)
• Decision Date: 31 January 1880
• Parties: WILLIAM R. INGRAHAMv.THE PEOPLE OF THE STATE OF ILLINOIS.

94 Ill. 428

1880 WL 9965 (Ill.)

WILLIAM R. INGRAHAM

v.THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

January Term, 1880.

APPEAL from the Circuit Court of Adams county; the Hon. JOSEPH SIBLEY, Judge, presiding.

Mr. A. E. WHEAT, and Mr. GEORGE SIMMONS, for the appellant.

Mr. JAMES K. EDSALL, Attorney General, for the People.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

This appeal must be dismissed, as not rightfully taken.

The act amendatory of the Practice act, approved June 3, 1879, (Laws 1879, p. 222,) amends the 88th section of the Practice act as follows: “Appeals from and writs of error to circuit courts, the Superior Court of Cook county, the Criminal Court of Cook county, county courts and city courts, in all criminal cases below the grade of felony, shall be taken directly to the Appellate Court,” etc. This case, being one of a misdemeanor, comes within this provision. It is true that the appeal was allowed by the circuit court on the 4th day of March, 1879, and an appeal bond was filed on the following 6th day of March, and the act did not go into effect until July 1, 1879; and had the case been one in which an appeal lay to this court at the time this one was allowed, or had the transcript of the record been filed in this court before July 1, 1879, we might, perhaps, have entertained jurisdiction.

But the record was not filed in this court until December 31, 1879.

At the time this appeal was allowed by the circuit court, an appeal did not lie to this court in a criminal case. Although the 8th section of the Appellate Court act and the 88th section of the Practice act of 1877 provided that appeals from and writs of error to circuit courts, and the Superior Court of Cook county and city courts, might be taken directly to the...