People ex rel. Crowe v. Williams, No. 18783.
| Court | Supreme Court of Illinois |
| Writing for the Court | DE YOUNG |
| Citation | 330 Ill. 150,161 N.E. 312 |
| Decision Date | 21 April 1928 |
| Docket Number | No. 18783. |
| Parties | PEOPLE ex rel. CROWE, State's Atty., v. WILLIAMS, Judge. |
330 Ill. 150
161 N.E. 312
PEOPLE ex rel. CROWE, State's Atty.,
v.
WILLIAMS, Judge.
No. 18783.
Supreme Court of Illinois.
April 21, 1928.
Original petition for mandamus by the People, on the relation of Robert E. Crowe, State's Attorney, and another, against Charles A. Williams, Judge.
Writ awarded.
[330 Ill. 150]Oscar E. Carlstrom, Atty. Gen., and Robert E. Crowe, State's Atty., of Chicago (Edward
[161 N.E. 313]
E. Wilson, Q. J. Chott, and John Holman, all of Chicago, of counsel), for petitioner.
Eugene L. McGarry and W. G. Anderson, both of Chicago, for respondent.
[330 Ill. 151]DE YOUNG, J.
Pursuant to leave granted, there was filed in this court an original petition in the name of the people of the state, on the relation of Oscar E. Carlstrom, Attorney General, and Robert E. Crowe, the state's attorney of Cook county, praying for the issuance of a writ of mandamus commanding Charles A. Williams, one of the judges of the superior court of Cook county, to expunge from the records of that court an order discharging Joseph Chapman from the Illinois State Penitentiary at Joliet. It is set forth in the petition that Chapman was indicted in the criminal court of Cook county for murder; that on his arraignment he pleaded guilty, and on May 1, 1918, was sentenced to imprisonment in the penitentiary for the term of his natural life; that the judgment was spread upon the records of the criminal court; and that, by virtue of the order of commitment, the sheriff delivered Chapman to the warden of the penitentiary. The petitioner further alleges that on December 13, 1927, a verified petition for a writ of habeas corpus was presented to the respondent; that in this petition it is stated that the record of Chapman's trial shows that he entered a plea of guilty to the indictment, that he was warned, that testimony was heard, and that on his plea he was sentenced to life imprisonment in the penitentiary, but that the record fails affirmatively to show that Chapman persisted in his plea of guilty; that, by reason of this omission, the trial court was without jurisdiction to accept the plea or to render judgment; that, lacking such jurisdiction, the judgment under which Chapman is held in custody is void, and that he should be released from such unlawful detention and imprisonment. It is further alleged in the instant petition that the warden of the penitentiary in his return to the writ of habeas corpus stated that he held Chapman by virtue of an order of commitment from the criminal court of Cook [330 Ill. 152]county and that he exhibited the original order to the respondent; that, on the hearing upon the habeas corpus petition and the return thereto before the respondent, the Attorney General and the state's attorney pointed out that the only reason assigned in the petition for the release of Chapman was that, after the trial court's warning had been given, the record failed to show that Chapman persisted in his plea of guilty; that it was repeatedly urged upon the respondent that, even if the petition were true in this respect, yet the...
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People ex rel. Carlstrom v. Shurtleff, No. 21708.
...N. E. 875,14 Ann. Cas. 753;People v. Murphy, 212 Ill. 584, 72 N. E. 902;People v. Jonas, 173 Ill. 316, 50 N. E. 1051;People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Williams, 334 Ill. 241, 165 N. E. 693; People v. Kelly, supra. It is now generally conceded that in order to render ......
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United States v. Ragen, 9328.
...v. Johnston, 306 U.S. 19, 59 S.Ct. 442, 83 L.Ed. 455; Kaizo v. Henry, 211 U.S. 146, 148, 29 S.Ct. 41, 53 L.Ed. 125; People v. Williams, 330 Ill. 150, 154, 161 N.E. 312. In our case petitioner contends that respondent lacked legal authority to detain him because he had not been tried within ......
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...enter the order. People v. Shurtleff, 355 Ill. 210, 189 N. E. 291;People v. Circuit Court, 347 Ill. 34, 179 N. E. 441;People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Siman, 284 Ill. 28, 119 N. E. 940;People v. Zimmer, 252 Ill. 9, 96 N. E. 529;People v. Superior Court, 234 Ill. 186......
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...its duty, upon a proper application, to command the judge who entered the void order to expunge it from the records. People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Fisher, 303 Ill. 430, 135 N. E. 751;People v. Windes, 283 Ill. 251, 119 N. E. 297;People v. Green, 281 Ill. 52, 117 ......
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People ex rel. Carlstrom v. Shurtleff, No. 21708.
...N. E. 875,14 Ann. Cas. 753;People v. Murphy, 212 Ill. 584, 72 N. E. 902;People v. Jonas, 173 Ill. 316, 50 N. E. 1051;People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Williams, 334 Ill. 241, 165 N. E. 693; People v. Kelly, supra. It is now generally conceded that in order to render ......
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United States v. Ragen, No. 9328.
...v. Johnston, 306 U.S. 19, 59 S.Ct. 442, 83 L.Ed. 455; Kaizo v. Henry, 211 U.S. 146, 148, 29 S.Ct. 41, 53 L.Ed. 125; People v. Williams, 330 Ill. 150, 154, 161 N.E. 312. In our case petitioner contends that respondent lacked legal authority to detain him because he had not been tried within ......
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Courtney v. Prystalski, No. 22292.
...enter the order. People v. Shurtleff, 355 Ill. 210, 189 N. E. 291;People v. Circuit Court, 347 Ill. 34, 179 N. E. 441;People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Siman, 284 Ill. 28, 119 N. E. 940;People v. Zimmer, 252 Ill. 9, 96 N. E. 529;People v. Superior Court, 234 Ill. 186......
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People ex rel. Reed v. Williams, No. 19311.
...its duty, upon a proper application, to command the judge who entered the void order to expunge it from the records. People v. Williams, 330 Ill. 150, 161 N. E. 312;People v. Fisher, 303 Ill. 430, 135 N. E. 751;People v. Windes, 283 Ill. 251, 119 N. E. 297;People v. Green, 281 Ill. 52, 117 ......