{
  "id": 5781557,
  "name": "Jacob Heist v. The People of the State of Illinois",
  "name_abbreviation": "Heist v. People",
  "decision_date": "1894-12-13",
  "docket_number": "",
  "first_page": "391",
  "last_page": "392",
  "citations": [
    {
      "type": "official",
      "cite": "56 Ill. App. 391"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "129 Ill. 352",
      "category": "reporters:state",
      "reporter": "Ill.",
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      ],
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      ]
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    {
      "cite": "13 Ill. 606",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
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      "case_paths": [
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  "last_updated": "2023-07-14T21:04:37.497383+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Jacob Heist v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Harker\ndelivered the opinion oethe Court.\nPlaintiff in error, charged by indictment with the commission of a misdemeanor, at the May term, 1892, of the court below, moved for a continuance and supported his motion by affidavit. The court sustained the motion but continued the cause at his costs.\nAt the October term, following, a trial was had resulting in his acquittal. He now brings the record to this court \"and asks a reversal of the judgment against him for the people\u2019s costs of the May term, 1892, amounting to $135.55.\nWhere a defendant, who is tried upon a criminal charge, is acquitted, he is absolved from the payment of all costs. Wells v. McCullock, 13 Ill. 606; McArthur v. Artz, 129 Ill. 352.\nIf he shows a legal right to a continuance in order to properly present his defense, he can not be compelled to pay the costs of the term to obtain it. Judgment reversed.",
        "type": "majority",
        "author": "Mr. Justice Harker"
      }
    ],
    "attorneys": [
      "Morris & Hooper, attorneys for plaintiff in error.",
      "W. F. Pierson, State\u2019s Attorney, for the defendants in error."
    ],
    "corrections": "",
    "head_matter": "Jacob Heist v. The People of the State of Illinois.\n1. Costs\u2014In Criminal Cases.\u2014Where a defendant is tried upon a criminal charge and acquitted, he is absolved from the payment of all costs.\n2. Same\u2014Of Continuance in Criminal Cases.\u2014Where a defendant in a criminal case shows a legal right to a continuance, in order to properly present bis defense, he can not be compelled to pay the costs of the term to obtain it.\nMemorandum.\u2014Error to reverse a judgment for costs rendered by the County Court of Iroquois County; the Hon. Moses H. Evans, Judge, presiding. Heard in this court at th 3 May term, 1894.\nJudgment reversed.\nOpinion filed December 13, 1894.\nMorris & Hooper, attorneys for plaintiff in error.\nW. F. Pierson, State\u2019s Attorney, for the defendants in error."
  },
  "file_name": "0391-01",
  "first_page_order": 387,
  "last_page_order": 388
}