Legal Opinion

Bernstein v. People

Appellate Court of Illinois

Decided May 24, 1897Published

Prosecution, for selling goods with false label. Error to the Criminal Court of Cook County; the Hon. John Gibbons, Judge, presiding.

1Opinion of the CourtJustice Gary

The plaintiff in error was prosecuted under section 2 of the act of 1891, amended in 1895 (Hurd’s Statutes of 1895, page 1555), for selling “ goods contained in a box, to which said box was attached an imitation of the label of the Cigar Makers’ International Union of America, an Association of Workingmen.”

He was convicted and fined one hundred dollars.

In the Criminal Court, by motion to dismiss, to the denial of which the plaintiff in error excepted, he challenged the validity—constitutionality—of section 12 of the act under which the prosecution was commenced before a justice of the peace.

By…

2Cases cited3 opinions

  1. Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
  2. Ames v. AmesIllinois Supreme Court · 1894
  3. Ames v. AmesAppellate Court of Illinois · 1892

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