County of Will v. State of Illinois — 5 Ill. Ct. Cl. 257

COUNTY OF WILL, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The County of Will claimed $596.20 for fees, costs, and expenses incurred in prosecuting a convict for murder committed in the penitentiary. The court awarded the full amount under Section 39 of chapter 108 of Hurd's Revised Statutes of 1917, which requires the State to pay such costs.

Claim type: Other

Statutes cited: Section 39 of chapter 108 of Hurd's Revised statutes of 1917

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

REIMBURSEMENT-when State liable. Convicts trial. The State is liable OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

REIMBURSEMENT-when State liable. Convicts trial. The State is liable for the costs and expenses incurred in the prosecution of convicts for crimes committed in the State Penitentiary. HIRAM H. REID, State's Attorney, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

This is a claim filed by the county of Will for $596.20 for fees, costs and expenses incurred and paid in the prose[*258]cution of Otto Malm for the murder of John Mack on the 16th day of July, 1925, both being prisoners in the State Penitentiary at Joliet at that time. Malm was indicted and tried at the following September term of the Circuit Court of Will county, and was convicted and sentenced to the penitentiary for life.

The Attorney General has filed a statement in this case, to which is attached as an exhibit a letter from the warden of the penitentiary at Joliet. The statement and letter both admit that the facts set out in claimant's declaration in this case are true and correct, and the Attorney General in his statement consents to an award in favor of claimant in the sum of $596.20.

Section 39 of chapter 108 of Hurd's Revised statutes of 1917 provides that all fees and costs arising from the prosecution of convicts for crimes committed in the penitentiary at Joliet shall be paid by the State. Under this statute claimant is entitled to be reimbursed by the State for the amounts paid by it in the prosecution of that case. We therefore allow the claimant an award in the sum of $596.20.