People ex rel. Sedlack v. Toman

Decision Date19 February 1936
Docket NumberNo. 23367.,23367.
Citation200 N.E. 331,362 Ill. 516
PartiesPEOPLE ex rel. SEDLACK v. TOMAN, Sheriff.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Petition by the People, on the relation of Joseph Sedlack, for a writ of habeas corpus against John Toman, Sheriff. From a judgment discharging relator, the Sheriff appeals.

Reversed and remanded, with directions.

Appeal from Criminal Court, Cook County; Denis E. Sullivan, judge.

Otto Kerner, Atty. Gen., Thomas J. Courtney, State's Atty., of Chicago, and A. B. Dennis, of Danville (Edward E. Wilson, Richard H. Devine, John T. Gallagher, James V. Cunningham, and Walter L. McCoy, all of Chicago, of counsel), for appellant.

HERRICK, Justice.

The relator, Joseph Sedlack, was arrested on a warrant issued by the Governor of Illinois on June 24, 1933, for the rendition of the relator on the requisition of the Governor of Wisconsin. After a hearing in the criminal court of Cook county on a petition for writ of habeas corpus, the court discharged the relator. The criminal court allowed the sheriff to take an appeal, and the cause has been brought here by him to review the order and judgment of the trial court.

No briefs have been filed in this court by the relator.

The sheriff made a return to the writ, setting up that he had the relator in custody by virtue of the warrant of the Governor of Illinois, which return was traversed by the relator. Extradition to Wisconsin was sought on the charge that the relator had committed the crime of arson on or about April 20, 1933, by the burning of the Warren summer home, in Walworth county, Wis., and was a fugitive from justice. The Governor's warrant was in due form. The relator, Sedlack, rested his case after testifying in his own behalf that he was not in Walworth county, Wis., on April 20, 1933.

Two witnesses who resided about onequarter mile north of Warren's summer home testified for the appellant that the relator drove into their private roadway on April 20, 1933, which day they remembered was the day before the fire. He inquired of them the direction to the Warren summer home. They informed him the route to take. He then drove away in the direction they had pointed out to him.

Clarence C. Bridwell testified that he was acquainted with Beech Warren, the owner of the burned home; that Warren had asked him to hire some one to set fire to the house; that early in April, 1933, he employed the relator to burn the Warren house and paid him $400 therefor; and that on April 21 or 22, 1933...

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4 cases
  • People ex rel. Douglas v. Woods
    • United States
    • Illinois Supreme Court
    • March 28, 1968
    ...the case. A Habeas corpus proceeding is not for the purpose of determining the guilt or innocence of the accused. (People ex rel. Sedlack v. Toman, 362 Ill. 516, 200 N.E. 331.) The ordinary scope of inquiry in this type of Habeas corpus proceeding is to test the validity of an extradition w......
  • People v. Norris
    • United States
    • Illinois Supreme Court
    • February 19, 1936
  • People ex rel. Goldstein v. Babb
    • United States
    • Illinois Supreme Court
    • September 23, 1954
    ...this issue will not entitle him to a discharge. People ex rel. Mortensen v. O'Brien, 371 Ill. 351, 20 N.E.2d 782; People ex rel. Sedlack v. Toman, 362 Ill. 516, 200 N.E. 331. The kind of presence required to constitute one a fugitive from justice, however, is a physical presence. Constructi......
  • People ex rel. De Bardas v. Toman
    • United States
    • Illinois Supreme Court
    • December 4, 1936
    ...information, yet it was not within the province of the trial court, on a habeas corpus proceeding, to decide that issue. People v. Toman, 362 Ill. 516, 200 N.E. 331. Nor was it required that the information charge the exact date correctly. If the evidence tended to show that the accused was......

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