Randolph County IL Archives Court.....Illinois, John Walsh V People Of 1850 ************************************************ Copyright. All rights reserved. http://www.usgwarch.org/copyright.htm http://www.usgwarch.org/il/ilfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 19, 2008, 6:56 am Source: Reports Of Cases Written: 1850 John Walsh, plaintiff in error, v. The People of the State of Illinois, defendants in error. Error to Randolph. Appeal bonds in criminal caws are governed by the ninety-ninth section of the fifty-ninth chapter of the Revised Statutes, and cannot be amended.(a) This was a proceeding instituted before a justice of the peace, upon a complaint for an assault and battery. A trial was had and a fine of ten dollars was inflicted upon the plaintiff in error; whereupon he prayed an appeal to the Circuit Court, which was allowed. A bond was executed in the penal sum of forty-two dollars, reciting that the judgment was for a like sum. In the Circuit Court a motion was made to dismiss, because the appeal bond did not conform to the requisitions of law. The Circuit Court, Underwood, Judge, presiding, sustained the motion, and dismissed the appeal. The defendant below, brings the cause to this court. The defendant below moved for leave to amend his appeal bond, which was denied by the Circuit Court. The refusal to allow an amendment of the appeal bond is the error complained of. W. J. A. Bradford, for plaintiff in error. P. Fowke, District Attorney, for the people. Treat, C. J. Walsh prosecuted an appeal from the decision of a justice of the peace, imposing upon him a fine of ten dollars for an assault and battery. The appeal bond was in the penalty of forty-two dollars, and recited a judgment for the same amount. The Circuit Court refused leave to amend the bond, and dismissed the appeal. Those decisions are assigned for error. The bond was clearly defective. It did not clearly describe the judgment appealed from. There was a material variance between the judgment rendered by the justice, and the one referred to in the condition of the bond. The court properly refused to allow the bond to be amended. The sixty-fifth section of the fifty-ninth chapter of the Revised Statutes applies only to appeals in civil cases. Appeal bonds in criminal cases are governed by the provisions of the ninety-ninth section of the same chapter, which do not authorize them to be amended. The case of Swafford v. The People, 1 Scammon, 289, is directly in point. The present statute is precisely like the one under which that decision was made. The judgment is affirmed, with costs. Judgment affirmed. -------------------------- (a) Stephens v. The People, 13 Ill., 131, accord. The act of Feb. 9th, 1853, authorized the amendment of appeal bonds in such cases: Ham v. The People, 15 Ill., 302; Rider v. Bagley, 47 Ill., 365. Additional Comments: Reports of Cases Determined in the Supreme Court of the State of Illinois from November Term, 1850, to June Term, 1851, both inclusive by E. Peck, Counsellor at Law. Volume XII. Reprinted from the Original Edition, with Annotations by William Gordon McMillan of the Chicago Bar. Callaghan & Company, Chicago, Ill. 1881. File at: http://files.usgwarchives.net/il/randolph/court/illinois32gwl.txt This file has been created by a form at http://www.genrecords.org/ilfiles/ File size: 3.5 Kb