People v. Smith

Mr. Presiding Justice. Barry

delivered the opinion of the court.

Plaintiff in error was tried and convicted under an information which charged that on February 1, 1923, at and within the County of Saline in the State of Illinois, he “unlawfully did then and there possess intoxicating liquor in violation of the Illinois Prohibition Act, contrary to the statute,” etc.

It is insisted that the information does not charge the commission of a criminal offense and the court erred in overruling a motion to quash. It is contended that- inasmuch as the possession of liquor may be lawful it is incumbent on…