(DOWNLOAD) "Kelly v. Ragen" by United States Court of Appeals for the Seventh Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Kelly v. Ragen
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 15, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appellant appeals from an order of the District Court dismissing his petition for writ of habeas corpus and remanding him to the custody of the Warden of the State Penitentiary where he had been incarcerated under sentence of fifteen years imprisonment upon his conviction of murder. We are informed by the brief of appellant filed in support of the appeal and by report published in People v. Kelly, 366 Ill. 326, 8 N.E.2d 635, that the following proceedings took place before the filing of the petition here involved, the denial of which constitutes the basis for appeal. September 7, 1934, appellant was found guilty of murder by a jury in the Criminal Court of Cook County, and after the overruling of various pleas, he was sentenced to fifteen years imprisonment. In April, 1937, on writ of error, the Supreme Court affirmed the judgment. He was represented by counsel throughout his trial but not in the proceedings before the Supreme Court. In its published opinion (People v. Kelly, 366 Ill. 326, 8 N.E.2d 635, 636), the Court stated that the matter was presented to it without proper bill of exceptions, hence questions which appellant sought to raise could not be considered. It further stated, "If, however, the questions raised had been properly preserved for review, we would not be disposed to disturb the verdict of the jury. They saw and heard the witnesses and we can not say the verdict is palpably contrary to the weight of the evidence, or is so unreasonable, improbable, or unsatisfactory as to justify a reasonable doubt of defendants guilt." Although it held that questions had not been properly presented, the Court did consider the evidence quite fully and in fact passed on the questions sought to be presented, stating, "The errors complained of are not such as to require a reversal of the judgment."
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