Thorn Creek Cattle Association v. Ronald - Supreme Court Of Idaho

Thorn Creek Cattle Association v. Ronald

By Supreme Court Of Idaho

  • Release Date: 1992-03-31
  • Genre: Law
Our rating: 5/5 stars

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Thorn Creek Cattle Association v. Ronald by Supreme Court Of Idaho epub - ebook - audiobook

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September 17, 1947, James R. Sheppard was indicted in the criminal court of Cook County for the crime of assault with a deadly weapon, with intent to murder Frederick Draheim. On April 12, 1948, Sheppard was indicted in the same court for the crime of assault with intent to kill and murder William Leahy. Both causes were tried by the court without a jury. Defendant was found guilty of the two crimes and, for each offense, was sentenced to imprisonment in the penitentiary for a term of not less than three nor more than five years. Sheppard prosecuted two writs of error from this court to the criminal court. On January 19, 1949, the judgment in the Leahy case was reversed without remandment. (People v. Sheppard, 402 Ill. 347.) On the same day, the judgment in the Draheim case was affirmed (People v. Sheppard, 402 Ill. 411,) and a rehearing denied on March 15, 1949. Thereafter, on April 12, 1949, Sheppard filed in the criminal court of Cook County a motion in the nature of a motion for a writ of error coram nobis seeking a new trial. The cause was assigned to Hon. Daniel A. Roberts who presided at the trials resulting in judgments of conviction in both the Leahy and Draheim cases. Defendant sought a change of venue. His petition was denied. The People then interposed a motion to dismiss, averring that defendants motion does not state facts, within the contemplation of the applicable statute, but merely conclusions; that defendant sought a review of evidence adduced upon his trial in the criminal court and, also, a review of certain incidents which happened during the course of the trial, and that the allegations did not constitute allegations of fact not known to Page 81 the court or which, if reviewed, would result in a different judgment. The proceedings in this court are also recounted in the Peoples motion. The motion to dismiss was sustained, judgment entered against Sheppard, and his motion dismissed. This appeal followed.

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