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40 Ill. 533

O'Hare v. People

Illinois Supreme Court

Decided April 15, 1866

Illinois Supreme Court · decided 1866-04-15

Wept op Ekbob to the Circuit Court of Jo Daviess county; the Hon. Benjamin R. Sheldon, Judge, presiding. At the August Term, 1862, of the court below, Patrick O’Hare was tried upon an indictment for murder, and convicted of the crime of manslaughter. A new trial was refused, and he was sentenced to the penitentiary during his natural life. There was no bill of exceptions taken in the case, and the reason therefor is set forth in an affidavit of Hr.

Cited by 1 later decisions — most recently April 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-04-15

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Mr. Justice Breese

¶1delivered the opinion of the Court :

¶2It is unfortunate for the plaintiff in error in this cause that he was prevented, by the circumstances detailed by his counsel, from making a full defense before the jury, and of availing of all the rights and privileges guarantied by the laws of this State to a party to an action civil or criminal. It is out of the power of this court to avoid the force of those circumstances, or alleviate it in the least degree. They have prevented exceptions being taken to the rulings of the court which tried the prisoner, and have deprived him thereby of an opportunity of spreading upon the record the testimony in the cause, that this court might pass upon it, so that there is nothing upon the record, which we can examine, save the validity of the indictment, and that is admitted by the prisoner’s counsel to be good.

¶3For these reasons, the judgment must be affirmed.

¶4Judgment affirmed.

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