Town of Paris v. People
Illinois Supreme Court
This was a prosecution by the People against the town of Paris for keeping and maintaining a nuisance. An indictment was found at the August special term, 1862, of the Edgar Circuit Court, containing but one count, charging the town of Paris, described therein as a corporation, with having kept and maintained “ a disorderly house, known as a calaboose,” and with having kept and confined “in said house, divers disorderly and noisome persons, to the great damage, and common…
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This was a prosecution by the People against the town of Paris for keeping and maintaining a nuisance. An indictment was found at the August special term, 1862, of the Edgar Circuit Court, containing but one count, charging the town of Paris, described therein as a corporation, with having kept and maintained “ a disorderly house, known as a calaboose,” and with having kept and confined “in said house, divers disorderly and noisome persons, to the great damage, and common nuisance of the said citizens of the town of Paris and the People of the State of Illinois, in returning, passing,…
1Opinion of the CourtWalker, J.
This indictment concludes, “ contrary to the form of the statute in such case made and provided.” This clearly designates it as a prosecution under the statute and not at the common law. When an indictment contains this conclusion, a recovery can only be had on a statutory offense. And if no statute exists creating the offense, then the indictment is vicious, and should be quashed on' motion, or a demurrer sustained if interposed. Such a motion was interposed and overruled. Without stopping to inquire whether the 10th section of article 13 of the constitution prohibits the city from adopting…
2Cited by5 opinions
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