People v. Amerman

Quoting from People v. Brand, 415 Ill. 329, the majority dismisses the appeal on the ground that the question of the constitutionality of the statute was not adequately raised in the trial court nor properly preserved for review. An examination of Brand and the earlier opinions upon which it is based demonstrates that the “fundamental” rule which it purports to state rests upon a defective foundation. The court relied upon People v. McCoy, 132 Ill. 138; Chicago, Burlington and Quincy R.R. Co. v. City of Ottawa, 165 Ill. 207; Mechanics’ and Traders’ Savings Ass’n v. People ex rel. Auditor of…