People ex rel. Crowe v. Fisher, 14449.
| Court | Supreme Court of Illinois |
| Citation | 303 Ill. 430,135 N.E. 751 |
| Docket Number | No. 14449.,14449. |
| Parties | PEOPLE ex rel. CROWE, State's Atty., v. FISHER, Circuit Judge. |
| Decision Date | 21 June 1922 |
303 Ill. 430
135 N.E. 751
PEOPLE ex rel. CROWE, State's Atty.,
v.
FISHER, Circuit Judge.
No. 14449.
Supreme Court of Illinois.
June 21, 1922.
Petition by the People, on the relation of Robert E. Crowe, State's Attorney, praying for the issuance of mandamus to compel Harry M. Fisher, one of the Judges of the Circuit Court of Cook county, to expunge from the records an order discharging Hyman De Vorken from the house of correction of the city of Chicago.
Writ awarded.
[135 N.E. 752]
[303 Ill. 431]Edward J. Brundage, Atty. Gen., and Robert E. Crowe, State's Atty., of Chicago (Edward E. Wilson, Clyde C. Fisher, James A. Scott, Charles C. Roe, and Alva S. Bates, all of Chicago, of counsel), for petitioner.
Henry A. Berger, of Chicago, for respondent.
THOMPSON, C. J.
An original petition was filed in this court in the name of the people, on the relation of the state's attorney of Cook county, praying for the issuance of a writ of mandamus to compel Harry M. Fisher, one of the judges of the circuit court of Cook county, to expunge from the records of said court an order releasing and discharging Hyman De Vorken from the house of correction of the city of Chicago. The respondent demurred to the petition. De Vorken was granted leave to intervene, and filed his answer to the petition, and the petitioner demurred to this answer. The cause has been argued and submitted for decision on the issue of law raised by these demurrers. The following facts are related in the petition:
April 22, 1921, the case of the people against Hyman De Vorken came on for hearing before Charles F. McKinley, one of the judges of the municipal court of Chicago, on an information charging that De Vorken ‘on the 19th day of April, A. D. 1921, at the city of Chicago, aforesaid, did then and there carry upon his person and concealed upon his person a deadly weapon, to wit, a loaded revolver, without a written license therefor, in violation of section 4 of the Sadler Law, in force and effect July 1, 1919, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Illinois'; that De Vorken, having been duly advised by [303 Ill. 432]the court as to his right to a trial by jury, waived in writing a trial by jury; that he was duly arraigned and pleaded not guilty; that a trial was had by the court without a jury, and De Vorken was found guilty of the offense charged in the information; that he was thereupon sentenced to confinement at labor in the house of correction of the city of Chicago for the term of one year; that December 13, 1921, a petition for a writ of habeas corpus was presented to Harry M. Fisher, one of the judges of the circuit court...
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...or parole in another department of the government and the judiciary have no right to usurp this power." People ex rel. Crowe v. Fisher, 303 Ill. 430, 434, 135 N.E. 751, 753 Our sister states agree. "It is well-settled law * * * that a court's authority to resentence a defendant depends on w......
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