Gardner v. People
Illinois Supreme Court
The appellant was indicted for selling spirituous liquors, without license, at the March term, 1856, of the Warren County Circuit Court. The indictment contains two counts. There is an entry on the record as follows, to wit: “ The People, etc., vs. William H. Gardner. } Indictment for selling liquor. A true bill. John Brown, Foreman.
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The appellant was indicted for selling spirituous liquors, without license, at the March term, 1856, of the Warren County Circuit Court. The indictment contains two counts. There is an entry on the record as follows, to wit: “ The People, etc., vs. William H. Gardner. } Indictment for selling liquor. A true bill. John Brown, Foreman. Ordered that a capias .issue herein, instan ter, returnable to the present term of this court, and that said defendant be held to bail in the sum of one hundred dollars.” This is the first appearance of the case on the record, and there is no other entry of the…
1Opinion of the CourtWalker, J.
The defendant was indicted by a grand jury, and tried in the Warren Circuit Court on a charge of selling iquor without a license to keep a grocery. The jury found a verdict of guilty. The defendant entered a motion for a new ¿rial and in arrest of judgment, which motions were overruled by the court, and judgment rendered on the verdict for a fine of $10 and costs; and the defendant brings the case to this court >y appeal.
The motion in arrest of judgment should have been allowed by the court below. It nowhere appears from the record, that the indictment was ever returned into open court. It is…
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