Baits v. People

Citations

• 123 Ill. 428
• 16 N.E. 483
• 1888 Ill. LEXIS 1031

Syllabus

<p>1. Cbiminal law—whether felony, or only a misdemeanor—general rule. Where an offence may be punished by imprisonment in the penitentiary, or by fine, only, in the discretion of the court or jury, it is only a misdemeanor.</p> <p>2. Same—conspiracy—when only a misdemeanor. So the offences created by paragraphs 73 and 74 of section 46 of the Criminal Code, which define what is a conspiracy, and prescribe the punishment therefor, are only misdemeanors.</p> <p>3. Appeals and wbits of ebbob—in case of misdemeanor—jurisdiction. Where the offence of which a party is convicted is only a misdemeanor, this court has no jurisdiction of an appeal or writ of error to review the judgment for error, but the case must in the first instance go to the Appellate Court.</p>