Hanrahan v. People

Citations

• 95 Ill. 165
• 1880 Ill. LEXIS 160

Syllabus

<p>1. Criminar practice—■when judgment of conviction is affirmed. Where a judgment of conviction is affirmed on writ of error, it is error to reinstate the case on the docket, and enter a second judgment for the same offence. The first judgment is not vacated by its affirmance, and to reinstate the case is entirely useless and the entry of the second judgment does not vacate the first.</p> <p>2. Where a judgment is affirmed on error, nothing further remains to be done in the lower court. It remains only for the proper officer to execute that judgment. If the defendant is bailed from the sheriff he should be surrendered to that officer, who must proceed to execute the judgment. If bailed from the warden of the penitentiary, he should be surrendered to that officer.</p> <p>3. Where there is a valid judgment of conviction the entry of a subsequent erroneous order will be no ground for reversing the judgment, but the order will be set aside and vacated by this court without costs against the defendant, with directions to execute the original judgment.</p>