City of Chicago v. Johnson, 199 Ill. App. 325 (1916)

April 28, 1916 · Illinois Appellate Court · Gen. No. 21,569
199 Ill. App. 325

City of Chicago, Defendant in Error, v. Albert Johnson, Plaintiff in Error.

Gen. No. 21,569.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Reversed and remanded.

Opinion filed April 28, 1916.

Statement of the Case.

Complaint by City of Chicago, plaintiff, against Albert Johnson, defendant. The same questions are involved as are decided in the opinion filed.in Gen. No. 21,568, City of Chicago v. Baker, ante, p. 323.

The complaint is in the same language, based on the *326same city ordinance, and supported by the same character of proof, as held in the Baker case, supra, to be insufficient to sustain a judgment of conviction.

Charles E. Erbstein and Charles P. E. Macaulay, for plaintiff in error.

Samuel A. Ettelson and Harry B. Miller, for defendant in error; Daniel Webster, of counsel.

Mr. Justice Barnes

delivered the opinion of the court.