People v. Cline, 185 Ill. App. 206 (1914)

Feb. 17, 1914 · Illinois Appellate Court · Gen. No. 19,569
185 Ill. App. 206

The People of the State of Illinois, Defendant in Error, v. William E. Cline, Plaintiff in Error.

Gen. No. 19,569.

(Not to be reported in full.)

Abstract of the Decision.

Criminal law, § 330 * —when verdict not responsive to all the issues. Where an information charges the defendant with keeping *207a common, illgoverned disorderly house for the encouragement of fornication, a verdict finding the defendant guilty “of keeping a disorderly house in the manner and form as charged in the information," held insufficient as not being responsive to all the issues, for the reason that an essential element of the offense as defined by statute was omitted from the verdict, namely, that the disorderly house was kept for “the encouragement of fornication.”

*206Error to the Municipal Court of Chicago; the Hon. Jacob H. Hopkins, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1913.

Reversed and remanded.

Opinion filed February 17, 1914.

Rehearing denied March 3, 1914.

Statement of the Case.

Information by The People of the State of Illinois charging William E. Cline of keeping a common, ill-governed disorderly house kept for the encouragement of fornication, within the limits of Chicago in violation of section 57, ch. 38, R. ’S., J. & A. ][ 3591.

Richard I. Gavin, for plaintiff in error.

Maclay Hoyne, for defendant in error; Edward E. Wilson and Francis E. Hinckley, of counsel.

Mr. Justice Barnes

delivered the opinion of the court.