People v. Miner

Citations

• 144 Ill. 308
• 33 N.E. 40

Syllabus

<p>1. Criminal law — appeal by the people. A defendant having been arrested for a criminal offense, tried before a competent court and acquitted, can not, on the application or appeal of the people, be tried a second time. This applies as well to misdemeanors as to felonies.</p> <p>2. Fish law — provision for appeal, unconstitutional. Section 14 of the fish law of 1885 and 1887, which provides for an appeal from a judgment, acquitting one charged with a breach of that law, and for his trial on appeal, is in violation of section 10, article 2 of the constitution, which provides that no person shall twice be put in jeopardy for the same offense.</p> <p>3. Appeals and writs of error — record treated as an answer to a writ of error. Where the trial court refuses to grant an appeal from its judgment, to the plaintiff, who causes to be filed in this court a transcript of the record upon which errors are assigned, if the other party appears and files briefs, the record may be treated as filed in answer to a writ of error, and there being no appeal, a motion to dismiss the appeal can not be allowed.</p> <p>4. Same — validity of a statute. Where the only question presented by the record is the constitutionality of a statute, an appeal lies directly from the trial court to this court.</p>