People v. St. John
Decision Date | 21 June 1938 |
Docket Number | No. 24661.,24661. |
Citation | 369 Ill. 177,15 N.E.2d 858 |
Parties | PEOPLE v. ST. JOHN. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Criminal Court, Cook County; Charles P. Molthrop, Judge.
Alexander St. John was convicted of incest, and he brings error.
Affirmed.
R. E. Smith, of Benton, for plaintiff in error.
Otto Kerner, Atty. Gen., Thomas J. Courtney, State's Atty., and A. B. Dennis, of Danville (Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, and Blair L. Varnes, all of Chicago, of counsel), for the People.
Alexander St. John was found guilty of incest by a jury in the criminal court of Cook county and sentenced to the penitentiary. By this writ of error he seeks a reversal of the judgment, not on the evidence, but for an alleged error of law.
The indictment was returned at the September term, 1930. In the same month defendant was arraigned and pleaded not guilty. On October 22, 1930, upon motion of the State's attorney, the cause was stricken from the docket, with leave given to reinstate. This was done pursuant to an express agreement reached between the State's attorney, defendant and his counsel. No further step was taken until May 19, 1933, when the cause was reinstated on the trial docket. Numerous continuances were granted. On November 2, 1933, by leave of court, defendant withdrew his plea and moved to quash the indictment. This was refused and defendant was arraigned, pleaded not guilty and his trial ensued. Defendant now declares the court lacked jurisdiction to try him on account of the discontinuance of the cause, and claims it was, in fact, dismissed when it went off the docket.
In People v. Kidd, 357 Ill. 133, 137, 191 N.E. 244, 246, we said: ...
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Ferguson v. City of Chicago
...The matter may still be placed on the docket and brought to trial if there is a subsequent motion to reinstate. People v. St. John, 369 Ill. 177, 178, 15 N.E.2d 858 (1938). Accordingly, the courts of Illinois have consistently recognized that the striking of charges with leave to reinstate ......
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Ferguson v. City of Chicago
...still be placed on the docket and brought to trial so long as the court allows a subsequent motion to reinstate. People v. St. John, 369 Ill. 177, 178, 15 N.E.2d 858, 859 (1938). The case, therefore, remains a pending case. People v. Johnson, 278 Ill.App. 204, 207 (1934) rev'd on other grou......
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People ex rel. DeVos v. Laurin
...Upon being stricken, the action remains undisposed of and may still be placed on the docket and brought to trial (People v. St. John (1938), 369 Ill. 177, 15 N.E.2d 858; People v. Kidd; Blalock v. Randall (1875), 76 Ill. 224), and it excludes the conclusion that the case is at an end but im......
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Mitchell v. Keenan
...of the Illinois Supreme Court hold that the applicable statute of limitations is tolled by the entry of an SOL. See People v. St. John, 369 Ill. 177, 15 N.E.2d 858 (1938); People v. Johnson, 363 Ill. 45, 1 N.E.2d 386 (1934); People v. Kidd, 357 Ill. 133, 191 N.E. 244 (1934). A recent case, ......