Legal Opinion

People v. O'Farrell

Illinois Supreme Court

Decided October 28, 1910PublishedCited by 16 opinions

Writ or Error to the City Court of Pana; the Hon. John McNutt, Jr., Judge, presiding. At the February term, 1909, of the Pana city court the plaintiff in error was indicted for the crime of larceny by embezzlement. After a motion to quash had been overruled a plea of not guilty was entered, and upon a trial before a jury he was found guilty and sentenced to the penitentiary for an indeterminate period, and he has sued out this writ of error to reverse said judgment.

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Writ or Error to the City Court of Pana; the Hon. John McNutt, Jr., Judge, presiding. At the February term, 1909, of the Pana city court the plaintiff in error was indicted for the crime of larceny by embezzlement. After a motion to quash had been overruled a plea of not guilty was entered, and upon a trial before a jury he was found guilty and sentenced to the penitentiary for an indeterminate period, and he has sued out this writ of error to reverse said judgment. The statute upon which the indictment was based reads as follows: “If any officer, agent, clerk, or servant of any incorporated…

1Opinion of the CourtJustice Hand

It is first claimed that the court erred in overruling a motion to quash the indictment. The indictment contained seven counts. The fourth count was nollied and the other counts were each in the language of the statute, and charged that the plaintiff in error was the agent of Malinda Vickerage, and as such agent collected and embezzled the funds of Malinda Vickerage to the amount of $7000. The indictment was sufficient and the court did not err in overruling the motion to quash. Lycan v. People, 107 Ill. 423; Ker v. People, 110 id. 627; McElroy v. People, 202 id. 473.

It is also urged that the…

2Cases cited4 opinions

  1. Morton v. PeopleIllinois Supreme Court · 1868
  2. Hayner v. PeopleIllinois Supreme Court · 1904
  3. Commonwealth v. JacobsCourt of Appeals of Kentucky · 1907
  4. Lycan v. PeopleIllinois Supreme Court · 1883

3Cited by16 opinions

  1. The People v. FordIllinois Supreme Court · 1960
  2. United States v. Sam AchilliCourt of Appeals for the Seventh Circuit · 1956
  3. Crahe v. Mercantile Trust & Savings BankIllinois Supreme Court · 1920
  4. People v. DonaldsonIllinois Supreme Court · 1912
  5. Peck v. United StatesCourt of Appeals for the Seventh Circuit · 1933

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