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26 Ill. 532

In re Klepper

Illinois Supreme Court

Decided January 15, 1862

Illinois Supreme Court · decided 1862-01-15

Klepper preseúted his petition to the court, founded upon his own affidavit, setting forth, that he had been committed to the Adams county jail, on a charge of murder, and that bail had been refused him.

Cited by 1 later decisions — most recently February 1876

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-01-15

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Per Curiam.

¶1This petition does not state the evidence adduced before the examining officer, but rests only on the affidavit of the petitioner and his counsel. We are bound to suppose, that the committing officer acted properly upon the evidence submitted, and shall sustain his proceeding—preferring to rely upon the presumptions in favor of the conduct of the committing officer, rather than take the opinions of the accused or his counsel.

¶2A petition of this character should set forth the evidence, so that the court may act advisedly, before such a writ is granted.

¶3Petition denied.

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