[Download] "People Ex Rel. Stamos v. Jones" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: People Ex Rel. Stamos v. Jones
- Author : Supreme Court of Illinois
- Release Date : January 29, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This original mandamus action arises from a conflict between the Rules of this court governing admission to bail upon appeal
in criminal cases and a legislative enactment dealing with the same subject. Rule 609(b) provides that upon appeal from a judgment sentencing a defendant to imprisonment, "the defendant may be admitted
to bail and the sentence * * * stayed by a judge of the trial or reviewing court." (Ill. Rev. Stat. 1967, chap. 110A, par.
609(b).) Section 121-6(b) of the Code of Criminal Procedure, as amended by an Act effective September 5, 1967, provides: "If
an appeal is taken from a judgment or order on an offense other than a `forcible felony', and the defendant is admitted to
bail, the sentence of imprisonment shall be stayed by the trial court. If an appeal is taken from a judgment or order on an
offense defined as a `forcible felony' the defendant shall not be entitled to a continuation of his bail and the sentence
of imprisonment shall not be stayed by the trial court." (Ill. Rev. Stat. 1967, chap. 38, par. 121-6(b).) Section 2-8 of the
Criminal Code defines "forcible felony" as follows: "`Forcible felony' means treason, murder, voluntary manslaughter, rape,
robbery, burglary, arson, kidnaping, aggravated battery and any other felony which involves the use or threat of physical
force or violence against any individual." Ill. Rev. Stat. 1967, chap. 38, par. 2-8.