Legal Opinion

Woods v. People

Illinois Supreme Court

Decided June 14, 1906PublishedCited by 30 opinions

Writ or Error to the Criminal Court of Cook county; the Hon. W. M. McEwen, Judge, presiding. The plaintiff in error, with James Woods and Thomas Light, was indicted by the grand jury of Cook county for the crime of larceny. The indictment contained three counts. The first count charged the larceny of illuminating and natural gas from the People’s Gas Light and Coke Company.

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Writ or Error to the Criminal Court of Cook county; the Hon. W. M. McEwen, Judge, presiding. The plaintiff in error, with James Woods and Thomas Light, was indicted by the grand jury of Cook county for the crime of larceny. The indictment contained three counts. The first count charged the larceny of illuminating and natural gas from the People’s Gas Light and Coke Company. The second count was in substance the same as the first, and the third count charged defendants with larceny as bailees. James Woods was not arrested, and on the trial in the criminal court of Cook county Thomas Light was…

1Opinion of the CourtJustice Hand

delivered the opinion of .the court:

The first contention made by plaintiff in error is, that the offense made out against him by the evidence falls within the special statutory crime created by section 117 of the Criminal Code, (1 Starr & Cur. Stat.—2d ed.—par. 234, chap. 38, p. 1288,) and not under section 167 of the Criminal Code, which defines the crime of larceny, and that he should have been prosecuted for a violation of said section 117, and not for the crime of larceny. We do not agree with such contention. The law is well settled that gas used for illuminating and heating purposes may…

2Cases cited2 opinions

  1. Stoker v. PeopleIllinois Supreme Court · 1885
  2. State v. WellmanSupreme Court of Minnesota · 1885

3Cited by30 opinions

  1. People v. PerryIllinois Supreme Court · 2007
  2. People v. IrrizariNew York Court of Appeals · 1959
  3. West v. CommonwealthSupreme Court of Virginia · 1919
  4. Cartwright v. United StatesCourt of Appeals for the Fifth Circuit · 1944
  5. Selman v. StateAlaska Supreme Court · 1965

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