contention of plaintiff error in Illinois

1953In support of this contention counsel cite the case of Maloney v. People, 229 Ill. 593 .

1946In support of this contention counsel cite the case of Maloney v. People, 229 Ill. 593 .

1949The second error assigned, that the sentence imposed under the Parole Act, as amended in 1943, is unconstitutional, has been decided against the contention of plaintiff in error in People v. Norwitt, 394 Ill. 553 ; People v. Tyson, 393 Ill. 108 ; People v. Wilson, 391 Ill. 463 , and other cases.

1947This question was presented to this court in People v. Tyson, 393 Ill. 108 , where this exact objection was passed upon contrary to the contention of plaintiff in error.

1958It is based upon People v. Hardgrave, 406 Ill. 211 , which supports his argument.

1955Springer v. City of Chicago, 135 Ill. 552 ; McInturff v. Insurance Company of North America, 248 id. 92; Harney v. Sanitary District, 260 id. 54.” In the ease of Mclnturff v. Insurance Co. of North America, supra, we find the following: “There is, however, another satisfactory answer to the contention of plaintiff in error in this regard.

1953Certainly not, unless it could be said that such illegal act also had the quality of being ‘injurious to the public trade, health, morals, police or administration of public justice.’ ” In the later case of People v. Borrelli, 392 Ill. 481 , the court reviewed the case of Maloney v. People, supra, and stated as follows: “It is the contention of plaintiff in error that the indictments are fatally defective and not sufficient to charge him with a criminal offense.

1951(People v. Shoffner, 400 Ill. 174 .) An examination of the record discloses the judgment below was properly entered upon the plea of guilty to burglary and larceny.

1949(People v. Hatcher, 334 Ill. 526 .) The contention of plaintiff in error that the court erred in not granting him a separate trial is also subject to the same rule.

1949Swanson v. Fisher, 340 Ill. 250 ; People v. Berkowshi, 385 Ill. 392 ; People v. Thompson, 398 Ill. 114 .) In the light of these holdings there is no merit to this contention of plaintiff in error.

1949Swanson v. Fisher, 340 Ill. 250 ; People v. Berkowshi, 385 Ill. 392 ; People v. Thompson, 398 Ill. 114 .) In the light of these holdings there is no merit to this contention of plaintiff in error.

1949The second error assigned, that the sentence imposed under the Parole Act, as amended in 1943, is unconstitutional, has been decided against the contention of plaintiff in error in People v. Norwitt, 394 Ill. 553 ; People v. Tyson, 393 Ill. 108 ; People v. Wilson, 391 Ill. 463 , and other cases.

1949The second error assigned, that the sentence imposed under the Parole Act, as amended in 1943, is unconstitutional, has been decided against the contention of plaintiff in error in People v. Norwitt, 394 Ill. 553 ; People v. Tyson, 393 Ill. 108 ; People v. Wilson, 391 Ill. 463 , and other cases.

1949Swanson v. Fisher, 340 Ill. 250 ; People v. Berkowshi, 385 Ill. 392 ; People v. Thompson, 398 Ill. 114 .) In the light of these holdings there is no merit to this contention of plaintiff in error.

1947There is no departure from the rule in Groveland Coal Co. v. Industrial Com. 309 Ill. 73 , or anything that would sustain the contention of plaintiff in error that the gross yearly income amount controls, without reference to increased wages, overtime, or increased hours of work.

1946The court there reviewed and distinguished the cases of People v. Jacobson, 247 Ill. 394 , and People v. Warren, 260 Ill. 297 , both of which expressly hold that jurisdiction in criminal cases conferred upon the criminal court of Cook county is not exclusive.

1946The court there reviewed and distinguished the cases of People v. Jacobson, 247 Ill. 394 , and People v. Warren, 260 Ill. 297 , both of which expressly hold that jurisdiction in criminal cases conferred upon the criminal court of Cook county is not exclusive.

1944People v. Sain, 384 Ill. 394 ; Hammond v. People, 199 Ill. 173 .

1944(Anderson v. Anderson, 339 Ill. 400 ; Chicago Title and Trust Co. v. Ward, 332 Ill. 126 ; Feyerabend v. Feyerabend, 312 Ill. 559 ; Allen v. LeMoyne, 102 Ill. 25 .) Gauged by these rules, the findings of fact of the decree before us are sufficient to support it and this contention of plaintiff in error cannot be sustained.

1944This exact question was presented to this court in the case of People v. Bain, 358 Ill. 177 .

1944(Anderson v. Anderson, 339 Ill. 400 ; Chicago Title and Trust Co. v. Ward, 332 Ill. 126 ; Feyerabend v. Feyerabend, 312 Ill. 559 ; Allen v. LeMoyne, 102 Ill. 25 .) Gauged by these rules, the findings of fact of the decree before us are sufficient to support it and this contention of plaintiff in error cannot be sustained.

1944(Anderson v. Anderson, 339 Ill. 400 ; Chicago Title and Trust Co. v. Ward, 332 Ill. 126 ; Feyerabend v. Feyerabend, 312 Ill. 559 ; Allen v. LeMoyne, 102 Ill. 25 .) Gauged by these rules, the findings of fact of the decree before us are sufficient to support it and this contention of plaintiff in error cannot be sustained.

1944People v. Sain, 384 Ill. 394 ; Hammond v. People, 199 Ill. 173 .

1944Application of the Wallahan case was considered in People v. Rosenwald, 266 Ill. 548 , and it was there held that if the bill of exceptions is signed on a date within the time fixed by the court, but not on the date actually presented, it can be filed as of the date presented nunc pro tunc.

1944(Anderson v. Anderson, 339 Ill. 400 ; Chicago Title and Trust Co. v. Ward, 332 Ill. 126 ; Feyerabend v. Feyerabend, 312 Ill. 559 ; Allen v. LeMoyne, 102 Ill. 25 .) Gauged by these rules, the findings of fact of the decree before us are sufficient to support it and this contention of plaintiff in error cannot be sustained.

1943The refusal of the court to permit a withdrawal of the plea of not guilty and the entry of a motion to quash the indictment is a matter within the sound discretion of the trial court (People v. Jones, 263 Ill. 564 ;) and unless it is shown there was an abuse of this discretion it is not reversible error to deny the motion.

1938(People v. Peterson, 364 Ill. 80 ; People v. Herkless, 361 id. 32.) * * * It is the province of the jury to determine, from a consideration of all the evidence, under correct instructions, whether defendant is guilty of culpable or criminal negligence which was the proximate cause of the resultant death. — People v. Peterson, supra; People v. Herkless, supra; People v. Smaszcz, supra.” The contention of plaintiff in error that death was caused by accidental means, is not borne out by the testimony.

1938(People v. Peterson, 364 Ill. 80 ; People v. Herkless, 361 id. 32.) * * * It is the province of the jury to determine, from a consideration of all the evidence, under correct instructions, whether defendant is guilty of culpable or criminal negligence which was the proximate cause of the resultant death. — People v. Peterson, supra; People v. Herkless, supra; People v. Smaszcz, supra.” The contention of plaintiff in error that death was caused by accidental means, is not borne out by the testimony.

1935(People v. Prystalski, supra; Sokel v. People, 212 Ill. 238 ; Beasley v. People, 89 id. 571.) This contention of plaintiff in error cannot be sustained.

1935(People v. Prystalski, supra; Sokel v. People, 212 Ill. 238 ; Beasley v. People, 89 id. 571.) This contention of plaintiff in error cannot be sustained.

1934The contention of plaintiff in error that it is engaged in a governmental rather, than a proprietary function, in support of which it relies upon the case of Gebhardt v. Village of LaGrange Park, 354 Ill. 234 , is of no force in this case.

1934This point was decided contrary to the contention of plaintiff in error in People v. Scornavache, 347 Ill. 403 .