Bennett v. People
Illinois Supreme Court
This case was tried before Silas L. Brtah, Judge, and a jury, at the March term of the Marion Circuit Court, 1862, upon an indictment for selling liquor without a license. The defendant, Edo Bennett, by his counsel, moved the court to quash the indictment, upon the following affidavit, and other grounds, to wit: STATE OF ILLINOIS, MARION COUNTY. } In Circuit Court, March Term, 1862. Edo Bennett, ais. People.} Indictment for selling Liquor without License.
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This case was tried before Silas L. Brtah, Judge, and a jury, at the March term of the Marion Circuit Court, 1862, upon an indictment for selling liquor without a license. The defendant, Edo Bennett, by his counsel, moved the court to quash the indictment, upon the following affidavit, and other grounds, to wit: STATE OF ILLINOIS, MARION COUNTY. } In Circuit Court, March Term, 1862. Edo Bennett, ais. People.} Indictment for selling Liquor without License. H. C. Goodnow, being duly sworn, says, he is informed and believes that there is no record of any venire for a grand jury, at the August…
1Opinion of the CourtBreese, J.
It is unnecessary to pass upon the point raised as to the want of a venire for the grand jury, since we are of opinion, on the merits, that the judgment should be reversed. Power has been conferred by law, over this whole subject, to incorporated towns, which they may regulate by ordinance. That power has been exercised by the town of Salem, and restraining and regulating ordinances passed by its authorities.
To that authority was the defendant amenable, and to that alone. He could not be punished under those ordinances, and by the State laws also, which would be the case, should this…
2Cited by13 opinions
- Marks v. StateSupreme Court of Alabama · 1909
- Huffsmith v. PeopleSupreme Court of Colorado · 1884
- Prather v. PeopleIllinois Supreme Court · 1877
- Territory v. DonderoHawaii Supreme Court · 1912
- Berry v. PeopleIllinois Supreme Court · 1865
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