Ingraham v. People

Citations

• 94 Ill. 428

Syllabus

<p>1. Appeals in criminal cases—whether appeal will lie—and to what court. Under the statutory enactments in force since July 1, 1879, appeals from and' writs of error to the circuit courts, etc., in all criminal cases below the grade of felony, must be taken directly to the Appellate Court, and not to this court.</p> <p>2. Prior to the first of July, 1879, an appeal did not lie to this court in a criminal case.</p> <p>3. Same—statutes construed. The provisions of section 8 of the Appellate Court act and section 88 of the Practice act of 1877, that appeals from and writs of error to circuit courts, and the Superior Court of Cook county and city courts, might be taken directly to the Supreme Court, in all criminal cases and cases in which a franchise or freehold was involved, are not to be construed as giving a right of appeal in a criminal case, but only as allowing appeals and writs of error to this court in those several enumerated cases according as appeals and writs of error lay in such cases under the then existing laws, namely: a writ of error in criminal cases, and in the other cases named both a writ of error and an appeal, and not requiring those cases to be first taken to the Appellate Court.</p>