Brooks v. People

Citations

• 88 Ill. 327

Syllabus

<p>1. Criminal law—prisoner’s right to discharge after third term. Where a prisoner is indicted for an offense punishable in the penitentiary, he then being confined in jail, and, on his motion, three of the four counts in the indictment are quashed, and a nolle is entered on the fourth, and a new indictment found for the same offense at the next term, he still being confined, and two terms of court elapse after the term at which such second indictment, was found, without any trial, or postponement on his part, he will be entitled to his absolute discharge at the next or fourth term, and the overruling of a motion for a discharge at such fourth term, and putting him upon trial, is error.</p> <p>2. Same—when defendant must he present. Although the court may assess a fine in a criminal case, yet it cannot award corporeal punishment, such as imprisonment in the penitentiary, without the presence of the defendant in court,</p>