People v. Goldberg, 185 Ill. App. 285 (1914)

March 9, 1914 · Illinois Appellate Court · Gen. No. 19,436
185 Ill. App. 285

The People of the State of Illinois, Defendant in Error, v. Ben Goldberg, Plaintiff in Error.

Gen. No. 19,436.

(Not to be reported in full.)

Abstract of the Decision.

Labceny, § 17 * —when failure to prove venue of offense fatal. On an information in the Municipal Court of Chicago charging larceny as bailee, where the evidence in the record wholly fails to show that the offense was committed in Chicago, a judgment of conviction cannot be sustained.

Error to the Municipal Court of Chicago; the Hon. John A. Mahoney, Judge, presiding.

Heard in this court at the October term, 1913.

Reversed and remanded.

Opinion filed March 9, 1914.

Statement of the Case.

Prosecution by The People of the State of Illinois against Ben Goldberg on information in the Municipal Court of Chicago charging larceny as bailee. From a judgment of conviction and sentence to pay a fine of one hundred dollars, defendant brings error.

Joseph D. Daly, for plaintiff in error; John T. Fitzgerald, of counsel.

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

Mr. Presiding Justice Baker

delivered the opinion of the court.