Legal Opinion · Dissent

Brennan v. People

Appellate Court of Illinois

Decided March 26, 1904No. Gen. No. 11,626Published

Criminal prosecution for violation of election law. Error to the Criminal Court of Cook County; the. Hon. Joseph E. Gary, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904.

1Dissent

Mr. Presiding Justice Freeman,

dissenting.

1 am unable to concur in the conclusion of the majority of the court as to Brennan and HcCarle, or in the reasoning upon which it is based. The importance of the case in its bearing upon the purity of the ballot, seems to demand a statement of the reasons for my dissent.

If Brennan and McCarle knew that the false personation charged in the indictment was attempted or going on, and were engaged as accessories or co-conspirators with others, carrying out or assisting to carry out such common purpose, they were rightfully found guilty under the counts of…

2Cases cited7 opinions

  1. Earll v. PeopleIllinois Supreme Court · 1874
  2. Maxwell v. DurkinIllinois Supreme Court · 1900
  3. Collins v. PeopleIllinois Supreme Court · 1881
  4. Lionetti v. PeopleIllinois Supreme Court · 1899
  5. Robinson v. KirkwoodAppellate Court of Illinois · 1900

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