Legal Opinion · Dissent

People v. Hutchison

Appellate Court of Illinois

Decided March 24, 1977No. 13906Published

1DissentJustice Mills

The somewhat offhand and cavalier dismissal of this issue by the majority is disturbing.

But what is more important, I believe my'brothers are wrong.

The majority recognizes the statutory absolute liability provisions of section 4 — 9 of the Criminal Code of 1961 and that motor vehicle regulations generally fall under its purview. But, they say, the charge at bar of illegal transportation of alcoholic liquor is distinguishable from such cases in that scienter, or “knowledge” of the presence of the intoxicant, is an essential element. Such distinction with controlling precedents and Illinois…

2Cases cited7 opinions

  1. People v. FernowIllinois Supreme Court · 1919
  2. People v. JohnsonIllinois Supreme Court · 1919
  3. The People v. BillardelloIllinois Supreme Court · 1925
  4. People v. EspenscheidAppellate Court of Illinois · 1969
  5. People v. StrodeAppellate Court of Illinois · 1973

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