Legal Opinion
City of Chicago v. Classen
Appellate Court of Illinois
Decided May 20, 1912No. Gen. No. 16,176PublishedCited by 2 opinions
Error to the Municipal Court of Chicago; the Hon. Judson F. Going, Judge, presiding. Heard in this court at the March term, 1910.
1Opinion of the CourtJustice Baker
Plaintiff in error was charged with violating section 1454 of the Municipal Code of Chicago, was found guilty by a jury and his fine assessed at fifty dollars. The court overruled his motion for a new trial and rendered judgment on the verdict to reverse which this writ of error is prosecuted.
The Court instructed the jury that before they could find the defendant guilty they must, “find from a greater weight or preponderance of the evidence that the charge against him had been sustained. ’ ’
This instruction was wrong. In an action for debt for the recovery of a penalty, more than a…
2Cases cited2 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. PeopleIllinois Supreme Court · 1907
- Smith v. PeopleIllinois Supreme Court · 1892
3Cited by2 opinions
- City of Chicago v. Butler Bros.Appellate Court of Illinois · 1953
- City of Mount Vernon v. RainwaterAppellate Court of Illinois · 1924