Legal Opinion

Maxwell v. People

Illinois Supreme Court

Decided October 16, 1895PublishedCited by 38 opinions

Writ of Error to the Circuit Court of Jackson county; the Hon. Joseph P. Eobarts, Judge, presiding. This is an indictment against plaintiff in error and one Anderson for obtaining money from one Simon P. Eudesill by means of the confidence game.

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Writ of Error to the Circuit Court of Jackson county; the Hon. Joseph P. Eobarts, Judge, presiding. This is an indictment against plaintiff in error and one Anderson for obtaining money from one Simon P. Eudesill by means of the confidence game. The two counts of the indictment are as follows: “The grand jurors chosen, selected and sworn in and for the county of Jackson, in the name and by the authority of the People of the State of Illinois, upon their oaths present, that Thomas Maxwell and William Anderson, late of the county of Jackson and State of Illinois, on the third day of November,…

1Opinion of the CourtJustice Magruder

First—Objection is made to the indictment upon the ground, that it does not embrace in its averments every criminal, fact that is material to the punishment sought to be inflicted. It is insisted, in other words, that the indictment should specify all the facts with such certainty that the offense may judicially appear to the court. We do not regard the indictment as bad for the reason thus stated.

Section 98 of division 1 of the Criminal Code, under which the indictment was found, is as follows: “Every person who shall obtain, or attempt to obtain, from any other person or persons, any money…

2Cases cited4 opinions

  1. Morton v. PeopleIllinois Supreme Court · 1868
  2. Hankins v. PeopleIllinois Supreme Court · 1883
  3. Scott v. PeopleIllinois Supreme Court · 1892
  4. Blemer v. PeopleIllinois Supreme Court · 1875

3Cited by38 opinions

  1. DuBois v. PeopleIllinois Supreme Court · 1902
  2. People v. WeilIllinois Supreme Court · 1909
  3. State v. MellenbergerOregon Supreme Court · 1939
  4. Collins v. TraegerCourt of Appeals for the Ninth Circuit · 1928
  5. People v. BrandIllinois Supreme Court · 1953

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