Johnson v. People
Illinois Supreme Court
Writ oe Error to the Circuit Court of Tazewell county; the Hon. T. N. Green, Judge, presiding. This is an indictment against the plaintiff in error at the September term, 1902, of the Tazewell county circuit court for the crime of rape, alleged to have" been committed on Leah Hickman, a female child of the age of eight years.
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Writ oe Error to the Circuit Court of Tazewell county; the Hon. T. N. Green, Judge, presiding. This is an indictment against the plaintiff in error at the September term, 1902, of the Tazewell county circuit court for the crime of rape, alleged to have" been committed on Leah Hickman, a female child of the age of eight years. The jury returned a verdict, finding the plaintiff in' error guilty in manner and form as charged in the indictment, fixing his punishment at five years in the penitentiary, and finding his age to be thirty-nine years. Motions for new trial, and in arrest of judgment,…
1Opinion of the CourtChief Justice Magruder
First — Plaintiff in error made a motio.n to quash the indictment, which motion was overruled by the trial court; and the first error here assigned is, that the court below erred in refusing to quash the indictment, for the reason that it does not aver that, at the timé the crime sought to be charged was committed, plaintiff in error was of the age of sixteen years and upwards.
The contention of the plaintiff in error is, that the in-dictment is so drawn as to make the allegation of age apply to the time when the indictment was found, rather than the time when the offense is alleged to have…
2Cases cited13 opinions
- Gainey v. PeopleIllinois Supreme Court · 1881
- Miller v. PeopleIllinois Supreme Court · 1866
- Dunn v. PeopleIllinois Supreme Court · 1884
- Addison v. PeopleIllinois Supreme Court · 1901
- Gifford v. PeopleIllinois Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. AhrlingIllinois Supreme Court · 1917
- People v. ScottIllinois Supreme Court · 1918
- Slocum v. PeopleSupreme Court of Colorado · 1949
- People v. CaseyIllinois Supreme Court · 1907
- Schramm v. PeopleIllinois Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.