People v. Treger
| Citation | 150 N.E. 644,320 Ill. 329 |
| Decision Date | 18 February 1926 |
| Docket Number | No. 17172.,17172. |
| Parties | PEOPLE v. TREGER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Criminal Court, Cook County; Hosea W. Wells, Judge.
Nathan Treger was convicted of manslaughter, and he brings error.
Affirmed.
Stansbury & Cloud, of Chicago (Max Haleff and George F. Callaghan, both of Chicago, of counsel), for plaintiff in error.
Oscar E. Carlstrom, Atty. Gen., Robert E. Crowe, State's Atty., of Chicago, and Merrill F. Wehmhoff, of Decatur (Edward E. Wilson and Clarence E. Nelson, both of Chicago, of counsel), for the People.
Plaintiff in error was found guilty of manslaughter under an indictment in the criminal court of Cook county, charging him with the murder of Samuel King by shooting him with a pistol. The evidence in the record consists of the testimony of eyewitnesses to the shooting and the statement of plaintiff in error made to the police after his capture. No evidence was offered on his behalf concerning the charge.
It appears from the testimony of the state's witnesses that plaintiff in error, who had been separated from his wife by reason of domestic difficulties, arrived at the apartment where she was living and where they had both formerly lived at about 12 o'clock on the night of April 6, 1922, and demanded admission. There were present in the room at that time Lillian Davidson, Abe Burger, Lucille Treger, wife of plaintiff in error, and the deceased. The deceased was lying on the bed in his nightclothes or undergarments and bathrobe. The wife of plaintiff in error, on the latter's demand that the door be opened, replied that she was afraid. The deceased then said: ‘Let him in; you don't have to be afraid.’ The evidence further is that plaintiff in error stepped in, and, seeing the deceased, said to him: Plaintiff in error thereupon pulled his revolver and began shooting. After the shooting started, Davidson and Burger ran out of the room. The coroner's physician testified that when he was called to the place of the shooting he found the body of the deceased in a partly kneeling position on the floor next to the bed; that there was some blood on the bed; that there was a bullet hole through the mattress; and that on moving the bed he found the bullet on the floor. He also testified that there were four bullet holes through the body of the deceased. Some two years thereafter plaintiff in error was arrested in Stillwater, Minn., and returned to Chicago. He made a statement to the police, which was read in evidence on stipulation of counsel. This statement said that he knew that the deceased was a slugger; that some time prior to the night of the killing he had had trouble with him, and that the deceased had given him a beating; that at the time he went to the flat and found the door locked he heard his wife talking to a man inside; that when he was let in the deceased was on the bed wearing plain...
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People v. Garcia, 84354.
...him of the lesser offense of involuntary manslaughter. See also People v. Beil, 322 Ill. 434, 440, 153 N.E. 639 (1926); People v. Treger, 320 Ill. 329, 331, 150 N.E. 644 (1926); People v. Tokoly, 313 Ill. 177, 185-86, 144 N.E. 808 In People v. Taylor, 36 Ill.2d 483, 224 N.E.2d 266 (1967), t......
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People v. Stowers, Gen. No. 55017
...of murder is not a matter of which he can complain. People v. Sain, 384 Ill. 394, 51 N.E.2d 557; People v. Treger, [133 Ill.App.2d 633] 320 Ill. 329, 150 N.E. 644; and People v. Binion, Supra. See also People v. Green, 23 Ill.2d 584, 179 N.E.2d 644; People v. Wiggins, 12 Ill.2d 418, 147 N.E......
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People v. Green
... ... People v. Wiggins, 12 Ill.2d 418, 147 N.E.2d 80; People v. Sain, 384 Ill. 394, 51 N.E.2d 557; People v. Treger, 320 Ill. 329, 150 N.E. 644 ... As to the contention that the defendant was not tried within the provisions of the four-months statute (Ill.Rev.Stat.1959, chap. 38, par. 748), and was not granted a speedy public trial in accordance with his constitutional privilege (Ill.Const. art ... ...
- People v. Beil