Birr v. People
Appellate Court of Illinois
Appeal from the County Court of Kankakee County; the Hon. Thomas S. Sawyer, Judge, presiding. Compare the preceding case of Kamman v. People.
1Opinion of the CourtBaker, J.
Herman Birr was tried in the County Court of Kankakee County upon an indictment which contained three counts charging him with making sales of intoxicating liquors to Herman Tracy, a person in the hahit of getting intoxicated. He was acquitted upon all of the counts except the first, and upon that he was convicted and judgment rendered against him for a fine of $30 and for costs.
At the request of the prosecution the court instructed the jury that “ when a man gets intoxicated from three to five times in two years he is a person in the habit of getting intoxicated, and you should so find.”…
2Cases cited2 opinions
- Murphy v. PeopleIllinois Supreme Court · 1878
- Wiedemann v. PeopleIllinois Supreme Court · 1879