People v. Graf

This is an appeal taken by the People of the State of Illinois from an order dismissing the complaint on the ground that the section under which the defendant was charged does not in any way prescribe a penalty. It is the State’s theory that the Illinois Liquor Control Act (commonly called the Dram Shops Act) (Ill Rev Stats 1965, c 43) is a penal statute, and that in this case section 140 of the Dram Shops Act is an offense as defined in section 2-12 of the Criminal Code (Ill Rev Stats 1965, c 38, § 2-12). The State contends that where there is a violation of a penal statute and no penalty is…