Dimon v. People
Illinois Supreme Court
Copy of indictment: “ Of the September term of the Peoria County Circuit Court in the year of our Lord 1853. “ The grand jurors chosen, selected and sworn, in and for the county of Peoria aforesaid, in the name and by the authority of the people of the State of Illinois, on their oaths, present, that Samuel Dimon, late of the county of Peoria aforesaid, on the thirteenth day of June, in the year of our Lord one thousand eight hundred and fifty-three, at and within the county…
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Copy of indictment: “ Of the September term of the Peoria County Circuit Court in the year of our Lord 1853. “ The grand jurors chosen, selected and sworn, in and for the county of Peoria aforesaid, in the name and by the authority of the people of the State of Illinois, on their oaths, present, that Samuel Dimon, late of the county of Peoria aforesaid, on the thirteenth day of June, in the year of our Lord one thousand eight hundred and fifty-three, at and within the county of Peoria aforesaid, in and across a public road leading from the city of Peoria and county of Peoria aforesaid, to the…
1Opinion of the CourtScates, C. J.
The indictment charges specifically, that the locus in quo, the obstruction, was put, was across the highway, on a specified quarter section, and the name given to the highway, as one leading from Peoria to Knoxville, is no essential part of the description, either of the highway, or of the place obstructed. It might be stricken from this indictment without surprise to the plaintiff, or vitiating the pleading for want of certainty. The proof, however, sustained the allegation as it is, for one witness testified to the fact, that the highway mentioned, does lead from the one city to the other.…
2Cited by7 opinions
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- State v. SnyderSupreme Court of Iowa · 1868
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