Legal Opinion

Young v. People

Illinois Supreme Court

Decided April 15, 1857PublishedCited by 4 opinions

On the 20th day of Hay, 1854, the defendant, Young, and others, were brought before Charles Williams, a justice of the peace of Knox county, for the “ crime of stealing from the store of J. B. F. Chesney, and the store of A. Lattimer, on the 17th day of April, and at other times in the months of April and May, 1854.” On the same day, the defendant, George Young, applied for a postponement of the examination of the case to the 22d day of May, which was granted, and he and…

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On the 20th day of Hay, 1854, the defendant, Young, and others, were brought before Charles Williams, a justice of the peace of Knox county, for the “ crime of stealing from the store of J. B. F. Chesney, and the store of A. Lattimer, on the 17th day of April, and at other times in the months of April and May, 1854.” On the same day, the defendant, George Young, applied for a postponement of the examination of the case to the 22d day of May, which was granted, and he and Snyder entered into a recognizance to the people of the State of Illinois, in the sum of two hundred dollars. The following…

1Opinion of the CourtScates, C. J.

The principal objection is, that an offense is not sufficiently set forth and described in the recognizance. The charge is for “ stealing from the store of J. B. F. Chesney, and the store of A. Lattimer, on the 17th day of April, 1854, and at other times in the month of April, 1854.”

It is contended that “stealing from the store” means, in a popular sense, going away from it privately—sneaking off— and the words are to be taken in mitiori sensu, when capable of two meanings. This may be true in slander and libel, though we should not wrest the sense, nor take the words out of their connection,…

2Cited by4 opinions

  1. Compton v. PeopleIllinois Supreme Court · 1877
  2. Gay v. DeWerffAppellate Court of Illinois · 1885
  3. State v. O'KeefeNevada Supreme Court · 1910
  4. People v. LevinAppellate Court of Illinois · 1911

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