Swartzbaugh v. People
Illinois Supreme Court
Wbit oe Ebbob to the Circuit Court of Edwards county. This was an indictment, in the court below, against Swartzbaugh. It is alleged in the first count, that on a certain day, at, etc., the defendant “ unlawfully, willfully and maliciously did, then and there, by shooting and cutting, wound,' maim and disfigure two bay mares, the said bay mares then and there being the property of,” etc., “then and there of the value,” etc., “ contrary to the form of the statute,” etc.
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Wbit oe Ebbob to the Circuit Court of Edwards county. This was an indictment, in the court below, against Swartzbaugh. It is alleged in the first count, that on a certain day, at, etc., the defendant “ unlawfully, willfully and maliciously did, then and there, by shooting and cutting, wound,' maim and disfigure two bay mares, the said bay mares then and there being the property of,” etc., “then and there of the value,” etc., “ contrary to the form of the statute,” etc. The second count alleged, that on a day named, at, etc., the defendant “ unlawfully, willfully and maliciously, did then and…
1Opinion of the CourtJustice Walkeb
In this case, plaintiff in error entered a motion in the court below to quash the indictment, which was overruled. A trial was had, resulting in a conviction. A motion in arrest of judgment was denied, a fine of $300 was imposed, and a judgment for the same and for the costs of the proceeding was entered, to reverse which this writ of error is prosecuted, and errors assigned on the record.
It is urged that the indictment is defective because it fails to aver that the horses were domestic animals. This is immaterial, as no person of the least intelligence could fail, from the indictment, to…
2Cases cited1 opinion
- Planing Mill Lumber Co. v. City of ChicagoIllinois Supreme Court · 1870
3Cited by8 opinions
- State v. GouldWest Virginia Supreme Court · 1885
- People v. GrayIllinois Supreme Court · 1913
- People v. JonesIllinois Supreme Court · 1919
- Paul v. WeberAppellate Court of Illinois · 1921
- Springer v. MaddockAppellate Court of Illinois · 1895
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