Legal Opinion

Fant v. People

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 2 opinions

Writ of Error to the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was an indictment presented by the grand jury of Will county against Luke Fant, the plaintiff in error, for keeping open a tippling house on the Sabbath day. The defendant was tried by a jury and found guilty. A motion for a new trial was overruled. The defendant was fined $100. The ‘case is brought to this court by writ of error.

1Opinion of the CourtJustice Walker

This was a prosecution under the 127th section of the Criminal Code. The indictment charged that accused, “on the 3d day of February, in the year of our Lord one thousand eight hundred and sixty-seven, at and within the county of Will, in the State of Illinois aforesaid, said day being the Sabbath day, unlawfully did then and there keep open a tippling house, then and there situate, to the encouragement of idleness, gaming, drinking and other misbehavior, contrary to the statute in such cases made and provided,” etc. It appeared on the trial, from the evidence of two witnesses, that they,…

2Cases cited2 opinions

  1. Gardner v. PeopleIllinois Supreme Court · 1858
  2. Bennett v. PeopleIllinois Supreme Court · 1863

3Cited by2 opinions

  1. Village of Coulterville v. GillenIllinois Supreme Court · 1874
  2. Wragg v. Penn TownshipIllinois Supreme Court · 1879

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