Legal Opinion

Brennan v. People

Illinois Supreme Court

Decided May 19, 1884PublishedCited by 3 opinions

Writ of Error to the Circuit Court of Christian county; the Hon. William R. Welch, Judge, presiding. This was an indictment found by the grand jury of Christian county, at the November term, 1881, of the circuit court, against Charles Green, John Brennan and Charles Doyle.

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Writ of Error to the Circuit Court of Christian county; the Hon. William R. Welch, Judge, presiding. This was an indictment found by the grand jury of Christian county, at the November term, 1881, of the circuit court, against Charles Green, John Brennan and Charles Doyle. The second count of the indictment charged that the defendants, on the ninth day of September, A. D. 1881, “at the county aforesaid, willfully, maliciously, feloniously and burglariously, without force, did then and there enter into a freight railroad car of one John King, Jr., there situate, the said freight railroad car…

1Opinion of the CourtJustice Dickey

Plaintiff in error was jointly indicted and tried with two others, in the circuit court of Christian county, upon a charge of burglary. The indictment contains two counts. The defendants were each convicted upon the second count, and sentenced to the penitentiary. It is sought to reverse this conviction upon the sole ground that the second count of the indictment is bad.

The statute is: “Whoever * * * willfully and maliciously, without force, (the doors and windows being open,) enters into any * * * freight or passenger railroad car * * * with intent to commit * * * larceny, * * * shall be…

2Cited by3 opinions

  1. Beard v. StateSupreme Court of Arkansas · 1906
  2. McIntire v. StateSupreme Court of Arkansas · 1922
  3. Krueger v. PeopleAppellate Court of Illinois · 1908

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