Mullen v. People of State

Decision Date30 April 1863
Citation1863 WL 5011,31 Ill. 444
PartiesPATRICK MULLENv.THE PEOPLE OF THE STATE OF ILLINOIS.
CourtIllinois Supreme Court
OPINION TEXT STARTS HERE

WRIT OF ERROR to the Circuit Court of the county of Cook; the Hon. GEORGE MANIERRE, Judge, presiding.

Patrick Mullen was indicted in the court below, for manslaughter. Upon the trial, the court instructed the jury, on behalf of the prosecution, “that if they should find the defendant guilty as charged in the indictment, they should fix his term of imprisonment in the penitentiary not less than one year, and might fix it for his natural life.”

The jury returned a verdict of guilty, and fixed the term of imprisonment of the defendant in the penitentiary, at one year. A judgment was entered accordingly. The defendant sued out this writ of error, and now questions the correctness of the instruction given to the jury.

Mr. EDWARD G. ASAY, for the plaintiff in error, insisted that the instruction is erroneous, because, under the 29th section of the criminal code (Rev. Stat. 1845, 156,) a person convicted of the crime of manslaughter might be punished by imprisonment in the penitentiary for a term less than one year; and that the act of 1845 was not affected in that regard by the act of 1859. (Sess. Laws, 125.) Mr. D. P. JONES, State's Attorney, for the People.

Mr. JUSTICE WALKER delivered the opinion of the Court:

It is insisted that the court erred in its instruction to the jury. On behalf of the prosecution, the court gave an instruction, that if the jury found the defendant guilty, they should fix the term of his imprisonment, in the penitentiary, at a period of not less than one year, and might extend it to the period of his life. It is insisted that the instruction is erroneous, because the act of 1845, R. S. 156, authorizes the confinement of persons convicted of manslaughter, for a term less than one year. It is urged that the act of 1859 (Sess. Laws, 125,) does not repeal this provision of the former act. The latter act provides, that upon conviction, the jury shall, in their verdict, fix the time which the party shall be confined in the penitentiary, which shall be for his natural life, or any number of years.

This act contains no express repealing clause. But the latter act is comprehensive, and embraces all that is embraced by the 29th section of the criminal code. The provisions of the act of 1859 are repugnant to the provisions of the former act, inasmuch as it requires the term to be for life,...

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8 cases
  • Aspern v. the Lamar Ins. Co.
    • United States
    • United States Appellate Court of Illinois
    • 31 Marzo 1880
    ...Where two statutes are repugnant to each other in their provisions, the latest expression of the legislative will must prevail. Mullen v. The People, 31 Ill. 444; Dingman v. The People, 51 Ill. 279; Sedgwick on Statutes 104. Appellee's counsel take the position that this act of May 29, 1877......
  • In re Application of Gannett
    • United States
    • Utah Supreme Court
    • 23 Febrero 1895
    ... ... D. Houtz and Mr. S. A. King, for petitioner ... It is ... conceded by the people that if that part of the old law of ... 1876 (2 Comp. Laws 1888, § 4643) wherein the stealing of ... 21, Laws of 1886. The word steal in section ... 8, means a felonious taking. Alexander v. State, 12 ... Tex. 540; Winfield's Adjud. Words & Phrases, 580. The ... elements of larceny, as defined ... ...
  • People v. Doras
    • United States
    • Illinois Supreme Court
    • 4 Diciembre 1919
    ... ... 3]Charles E. Erbstein and Charles P. R. Macauley, both of Chicago, for plaintiff in error.Edward J. Brundage, Atty. Gen., Maclay Hoyne, State's Atty., and Edward C. Fitch, both of Chicago (E. E. Wilson and Daniel G. Ramsey, both of Chicago, of counsel), for the People.STONE, J.The plaintiff ... Mullen v. People, 31 Ill. 444.[290 Ill. 192]It will be seen, from the provisions of the sections of the Parole Law referred to, that a convict may be ... ...
  • Davis v. State
    • United States
    • Indiana Supreme Court
    • 18 Noviembre 1898
    ...v. Marsh, 75 Ind. 548; Hicks v. State, 150 Ind. 293, 50 N.E. 27; Commonwealth v. Mott, 21 Pick. 492; State v. Arlin, 39 N.H. 179; Mullen v. State, 31 Ill. 444. At the of the decision in Strong v. State, supra, the same provision, as to ex post facto laws, existed that exists now. Section 69......
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