People v. Hill, 205 Ill. App. 632 (1917)

May 29, 1917 · Illinois Appellate Court · Gen. No. 22,562
205 Ill. App. 632

The People of the State of Illinois, Defendant in Error, v. Harry Hill, Plaintiff in Error.

Gen. No. 22,562.

(Not to be reported in full.)

Abstract of the Decision.

1. Vagrancy, § 1*—to Tien judgment of guilty reversed. On a prosecution for vagrancy, where there is a total lack of evidence *633to prove that defendant was without lawful means of support at and before the time of his conviction, and defendant testifies, and his evidence is corroborated by testimony of his employer, that for several weeks prior to his arrest he was lawfully employed and receiving a salary of twenty dollars a week, a judgment of guilty will be reversed.

*632Error to- the Municipal Court of Chicago; the Hon. John R. Caverly, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.

Reversed.

Opinion filed May 29, 1917.

Statement of the Case.

Prosecution by the People of the State of Illinois., against Harry Hill, for vagrancy. To reverse a judgment of guilty, under which he was sentenced to serve six months in the house of correction, defendant prosecutes this writ of error.

John M. Lonergan, for plaintiff in error.

Maclay Hoyne, for defendant in error.

Mr. Justice McDonald

delivered the opinion of the court.

*6332. Vagrancy, § 2 * —what is essential to establish, offense of. To establish the offense of vagrancy affirmative proof that defendant was without lawful means of support is indispensable.