Legal Opinion

The PEOPLE v. Nesbitt

Illinois Supreme Court

Decided March 29, 1961No. 36076PublishedCited by 5 opinions

1Opinion of the CourtJustice Klingbiel

The defendant, Samuel Nesbitt, was convicted of the crime of larceny from the person in the criminal court of Cook County. The record is now before us for review on a writ of error.

The sole argument advanced by the defendant in this court is that there is a fatal variance between the indictment and the proof. This argument is based upon the fact that the indictment charged a larceny from the person of one Christine Cury, whereas the proof showed that the victim of the larceny was Christine Oury. In support of this contention defendant relies upon several decisions of this court dealing with…

2Cases cited5 opinions

  1. The People v. NelsonIllinois Supreme Court · 1959
  2. Davis v. PeopleIllinois Supreme Court · 1857
  3. People v. NovotnyIllinois Supreme Court · 1922
  4. People v. SmithIllinois Supreme Court · 1913
  5. Penrod v. PeopleIllinois Supreme Court · 1878

3Cited by5 opinions

  1. People v. RodgersAppellate Court of Illinois · 1978
  2. People v. MickAppellate Court of Illinois · 1980
  3. People v. SmithAppellate Court of Illinois · 1974
  4. People v. DayaniAppellate Court of Illinois · 1973
  5. People v. ExxonAppellate Court of Illinois · 1976

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