, 1873-11-01

~ proeeedings on Tho iagmon! nro to 30 saved until
thG discrimination Ga. II of tho writ Of error.
ow eeas 1an u seon M { e7 Ses Se n ct, O7t e
a m H. so poMef Of @ sacl Court until nal action is
necessary 10 alo romitur III tho Circuit Court but
tho question TINT nrisca IN this caso H. Was Tic iig
e Sy 'S he 9afsnn not being 'rHe'lon' waived
Tho whoo acore and on9ce Of tho rcnsttltur In
ha sssS wf1 The s + f 70 @
waa Tho renittitur IL nothing moro nor less than the
tlnAl order Of this Court in the cause:
ant hinse shown by tho record, flied In tho Grim
lnal Court certified copy Of tho opinion Of this
Criminal court, was not tho best evidence; It not
tho technical evilcnco tho law required; but nt tho
saa nsi snsfy sss
tho doion!lant himaolf produced tho eydeneo
Of The action Of I, this H.. Court. md called into
mouth 10 OBJECT t,at tho 0rim,na Court acted On in
act wnlvo evidence Of certain fact which he now In
+ rs s es's 3 :, n Ncmsauo Tho rscgls, nresss 100.
bo considered es vFalvinV snything."
en en- not by tho 5%r Ind no oeo
ton waa made by the defendant in tho Circuit Court
and tho question arose whether he had waived tho OBJ
In augkowshi '. Tho People, Scam. 47s the case
ot Nomaque THO People Ii referred TO- and tho same
Tho People, tho question arosc, and tbis Court
atanling all his rights and can wavo mona Of then
nor his counsel for ht," and reference Ia made to
N gns rsSS ssoa IN oF s & H. h IT, sS s
oner, in capital case, 10 not to be presumed to wava
any Of big rights Gnt TINT ho my by e3press con.
privo himself # ono Of ths most valuable rights ao-
" sbo
that he can admit aoy pozt & Of IL but will not 10 pro-
In tho case Of Mckinney " Tho People, allm $50,
aws has no rait to stand ~ and saer 'sa Irregular
proceedings to take p1acc aud thpn ask to hayo tho
e Sn qy0f Lint 11 @
counsel to defend him. has placed him on tho aamo
platform with otlor defondants and Il he neglect, In
II onaas The reo H. lie doc
tr1no laid down in tho GugkowsH was royiowod
dscsion IN 9uskowsks sc case 'S was placed upon The
ground that In capital case tic accused stands on
hs Eh ana Wyss ib bn sa = pfts
means nothing more than that tho prisoner IN capi-
esso Ia not presumed to yaiye any Of big rights
These decisions seo,n to Kettle the question.
But independent Of tho settled aud uniform dcci-
% 5 n s' The S 'ss
to be directly in point. Tho statute droas 7s pro-
as.d, ~ y Gi ~ ' ~ va,, w., " IT, IT,
Taht NJ to Go"rs to 6io tin cbanrn IA 1nna to try
1io c,,on anI nvnc,to ho f,drma ahnIl la rornitnr
ID s W. ver liz n
=. earI 10 s :. ~ Thn I'D p,ann I ~ s;enr, 07 anns,nn ~
respects analogous to tho ono III this ease
aatutn anota a,nra Tbs nonrt aai n IL nrsc
fhat ia Soroan n{rc Conrt Ind m ripbt to try Tin
Rrntt fonr wns mt nroner1v nertifed hv tho Gtcrk
a. required by tho atasuto No objection male in
the court below before or after ho Verdict to tho
ulaIity 81 tne proceedings n scott county or 70 ths
M o. ,nn sao Wnen M .9
fsct,vo tho nrisoner shniI hayo ayafed Himself OF t
tn tio Circuit Court before trial Not having done
tho irrognlarity In fact any existed III cured ny
the statute" ,,..,,,. :. mt, <,,,,...
,nterposed terri no objcetion % 10 hu jurisdfeop, 10 ao
Voluntarily enters h!s motion IN tho Criminal Court
to VIII County, subnits to trial IN the Circuit Court
Of VII, without objection to the 1urIadicon, and
ia this Court at The Criminal Court hss no power t.
to M s upon oh e pF
cipe anu AUTHORITY "e aro o. OPINION mat LILO delena
Court! scets to mako-Brounan ct alr. The People, Ii
This case hAs been sn6m1tted 70 1uTy Of Cook and
9tsp to 1uIy y! WI Iuunsy' y Ill nase aoonn w
ucttuu1t ~ ~ nss =. tau t.Buts
cfmo known to tho law o. me ianu, u y out 81 prop.
ability TINT another jury would A1tiTa ut different
fesuN'
The evidence IN THO record not only shows that the
defcndant committed the murder, but hia vito. one
whom ho had sworn to protect WIS tue victim Of hit
malice.
perceiving no error in the record tho Judgment oi
the Circuit Court Of WILL County Ia affirmed, Will
costs and the Court order that tho prisoner, AnroH
Perfect sha be executed gu tho 1?sh day of Docem
ber 4. D. 1879, between the hours Of 10 o'clock
and o'clock p. Of that day, and that this sentence
shall DO executed by the ShGrid Of Will County
Judgment affirmed.
| The HIM. gif,nev nroesa a. r.. tho HIM, p
n W.iLor + an1 tho Han u II ai,a,dan
oao,,s T., .,e 'a1,;n;n,, - '' o"o"on' 80
coucur III 1nls oplnlon. -
THE DISSENTING OPINION.