Legal Opinion

Mitchell v. People

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 2 opinions

Writ of Error to the Criminal Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an information by the State’s Attorney of Cook county against Jonathan C. Mitchell, charging the defendant with being unlawfully engaged in rendering grease and putrid and decayed animal matter, and in the business of slaughtering animals in such a manner as to create offensive odors in the city of Chicago. The opinion of the court presents the case and its nature.

1Opinion of the CourtJustice Scholfield

This was a prosecution against the plaintiff in error, in the Criminal Court of Cook county, for maintaining a public nuisance. Trial was had in that court, resulting in the conviction of plaintiff in error, which he now seeks to reverse by this writ of error, upon the ground that the section of the statute under which the prosecution was commenced and trial had, was abrogated by the 29th section of the 6th article of the constitution of 1870, and this is the only question presented for our consideration.

The section in question is the 12th, of an act entitled “An act to provide sanitary…

2Cases cited4 opinions

  1. Hills v. City of ChicagoIllinois Supreme Court · 1871
  2. People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
  3. People ex rel. Ely v. RumseyIllinois Supreme Court · 1872
  4. Phillips v. QuickIllinois Supreme Court · 1873

3Cited by2 opinions

  1. People ex rel. Henderson v. OnahanIllinois Supreme Court · 1897
  2. Berkowitz v. LesterIllinois Supreme Court · 1887

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