Hennies v. People

Citations

• 70 Ill. 100

Syllabus

<p>1. Pleading—in prosecution originating in justice's court. No formal pleadings are required before a justice of the peace in any case, and consequently none can be required in the circuit court on appeal. Where there is a trial of an appeal in a prosecution for assault and battery, the record need not show a formal plea, as an issue will be presumed to have been joined.</p> <p>8. Appeal bond—on appeal from comiction for assault and battery. An appeal bond, given on appeal from a conviction before a justice of the peace for an assault and battery, conditioned to pay whatever judgment may be rendered by the court upon dismissal or trial of the appeal, is a substantial compliance with the statute, and is binding.</p> <p>3. Appeal—statute authorizing judgment against surety in appeal bond on the conviction of the principal, is constitutional. The statute which authorizes the circuit court, on the trial of an appeal in a prosecution for assault and battery, and the conviction of the principal, to render judgment for the fine against both the principal and surety in the appeal bond, is not unconstitutional.</p>