Legal Opinion

Aylesworth v. People

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 11 opinions

Writ of error to the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding.

1Opinion of the Court

Mr. Justíce McAllister

delivered the opinion of the Court:

This was an indictment, in the Warren circuit court, for selling liquor without a license, and verdict of guilty, and fine imposed. The defendant brings the record to this court by writ of error.

The record purports to contain an indictment against plaintiff* in error, but it wholly fails to show that such indictment was ever presented in court by any grand jury, or that plaintiff* in error was ever arraigned upon or pleaded to it. The record must show that the indictment was returned into open court. Gardners v. The People, 20 Ill. 430;…

2Cases cited2 opinions

  1. Johnson v. PeopleIllinois Supreme Court · 1859
  2. Gardner v. PeopleIllinois Supreme Court · 1858

3Cited by11 opinions

  1. Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
  2. The PEOPLE v. HillIllinois Supreme Court · 1959
  3. Barker v. StateNebraska Supreme Court · 1898
  4. Sullivan v. PeopleIllinois Supreme Court · 1895
  5. Miller v. PeopleAppellate Court of Illinois · 1893

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