People v. Glodo, 12 Ill. App. 348 (1883)

April 13, 1883 · Illinois Appellate Court
12 Ill. App. 348

The People, etc., v. Victor Glodo.

A writ of error does not lie at the instance of the people to reverse the judgment of a trial court in a criminal ease.

Ebbob to the County Court of Jackson county; the Hon. J. Banks Mayham, Judge, presiding.

Opinion filed April 13, 1883.

Mr. William A. Schwartz, for plaintiff in error;

that this case may be taken to the appellate court, cited Hurd’s R. S. 1877, p. 744, § 75; Young v. The People, 6 Bradwell, 434.

As to the power of the legislature: Mason v. Waite, 4 Scam. 134; The People v. Reynolds, 5 Gilm. 1; Munn v. The People, 69 Ill. 93; Wagner v. The People, 97 Ill. 320.

Every indictment of the grand jury shall be deemed sufficiently technical and correct which states the offense in the language of the statute or so plainly that the nature of the offense may be easily understood by the j ury: Cannady v. The People, 17 Ill. 158; Morton v. The People, 47 Ill. 468; McCutcheon v. The People, 69 Ill. 601; Mapes v. The People, 69 Ill. 523; The People v. McKinney, 10 Mich. 54.

*349When a statute creating an offense is silent as to motive, no intent need be averred in the indictment: Commonwealth v. Emmons, 99 Mass. 6; Ells v. The People, 4 Scam. 509; Ulrich v. The Commonwealth, 6 Bush. 400; State v. Hartfield, 24 Wis. 60; Burnes v. State, 19 Conn. 397; Wharton on Criminal Law; 8th ed., § 88.

Per Curiam.

A writ of error does not lie at the instance of the people to reverse the judgment of a trial court in a criminal case. The People v. Dill, 1 Scam. 257.

The right of error is dismissed.

Dismissed.