Schram v. People
Illinois Supreme Court
This indictment charges the commission of a riot, by Barbay Schramm, Louis Schramm and Benedict Schramm, May 10, 1861, in the city of Chicago, by beating and making assault upon one Wolf Schaffer, etc. Plea of not guilty, by Louis Schramm and Benedict Schramm.
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This indictment charges the commission of a riot, by Barbay Schramm, Louis Schramm and Benedict Schramm, May 10, 1861, in the city of Chicago, by beating and making assault upon one Wolf Schaffer, etc. Plea of not guilty, by Louis Schramm and Benedict Schramm. Barbara Schramm filed a plea in abatement, stating that her sole true and proper name is and ever was Barbara Schramm, and not Barbay; that she is and was always solely known by and under the name of Barbara, and never by or under that of Barbay; concluding with a prayer of judgment of the indictment, etc. Replication: That she, the…
1Opinion of the CourtWalker, J.
Plaintiff in error filed a plea of misnomer, to which the defendants in error replied, that she was as well known by the name by which she was indicted, as by that averred by the plea to be her true name. Issue to the country was taken npon the replication. The other defendants pleaded not guilty. A jury was impanneled, the cause was tried, and resulted in a verdict of guilty as to plaintiff in error, and Benedict' Schramm, but not guilty as to Louis Schramm. It is assigned for error, that a jury was not impanneled to try the issue on the plea of misnomer, and that it remained undisposed of…
2Cited by2 opinions
- The People v. CorbishlyIllinois Supreme Court · 1927
- Metzger v. HuntingtonAppellate Court of Illinois · 1893