Jacobs v. People
Illinois Supreme Court
Writ of Error to the Appellate Court for the Eirst District ;—heard in that court on writ of error to the Criminal Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding.
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Writ of Error to the Appellate Court for the Eirst District ;—heard in that court on writ of error to the Criminal Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. J. J. Jacobs, the plaintiff in error, was found guilty by the criminal court of Cook county of the crime of unlawfully setting up and promoting a lottery for money, and was sentenced to pay a fine of $1475. The indictment upon which he was tried consisted of eight counts, the first of which charged him with unlawfully setting up a lottery, called the Montana Mining, Loan and Investment Company, for money. The fourth…
1Opinion of the CourtJustice Scott
It is first urged that the court was without jurisdiction to try this cause without a jury, for the reason that there was no waiver, in writing, of a jury trial.
Upon a conviction under the indictment in this case the plaintiff in error could be punished only by a fine. Where tried for a misdemeanor punishable only in that way, the accused has the right, the prosecutor agreeing, to submit his cause to trial without the intervention of a jury, irrespective of the statute which provides for a formal waiver in writing of a jury trial. Paulsen v. People, 195 Ill. 507.
The statute to which we have…
2Cases cited2 opinions
- Chicago, Wilmington & Vermilion Coal Co. v. PeopleIllinois Supreme Court · 1905
- Paulsen v. PeopleIllinois Supreme Court · 1902
3Cited by6 opinions
- People v. Chicago, Milwaukee & St. Paul Railway Co.Illinois Supreme Court · 1923
- People v. RamboAppellate Court of Illinois · 1970
- Sturges & Burn Manufacturing Co. v. PastelIllinois Supreme Court · 1921
- People v. MurphyIllinois Supreme Court · 1921
- Commonwealth v. HallPhiladelphia County Court of Quarter Sessions · 1926
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