# People v. O'Donnell

> Illinois Supreme Court · December 17, 1919 · 291 Ill. 178

URL: https://www.frixlaw.com/law-library/cases/6979344

## Case

- **Full name:** The People of the State of Illinois, in Error v. Edward O'Donnell, in Error The People v. Joseph Bresnahan The People v. Leonard Banks The People v. Frank Bender The People v. James Gallagher The People v. John Boone
- **Court:** Illinois Supreme Court
- **Decided:** December 17, 1919
- **Citations:** 291 Ill. 178; 125 N.E. 723
- **Precedential status:** Published
- **Opinion:** Concurrence by Thompson
- **Judges:** Stone, Thompson
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6979344

## Opinion text

Mr. Justice Thompson, specially concurring:
I agree with the conclusion reached in People v. Doras, on which these decisions are based, but I do not agree with all that is said in the opinion. In my opinion all sentences under the Indeterminate Sentence act are for the maximum term provided by law, and the convict has no right to demand that he be discharged before the expiration of such maximum term. The only constitutional limitation on the power of the legislature to fix punishment for crime is that “all penalties shall be proportioned to the nature of the offense.” Because the executive department of the State is given authority to commute the sentence imposed by the courts under the law it by no means follows that the convict has any right to demand this executive clemency. I think the Parole act is a proper exercise of legislative authority and in no way deprives any person of rights guaranteed by the State or Federal constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6979344. Public record. Not legal advice.