{
  "id": 2715680,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Homer D. Flynn et al.-(Homer D. Flynn, Plaintiff in Error.)",
  "name_abbreviation": "People v. Flynn",
  "decision_date": "1956-03-22",
  "docket_number": "No. 33621",
  "first_page": "133",
  "last_page": "134",
  "citations": [
    {
      "type": "official",
      "cite": "8 Ill. 2d 133"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.76,
    "pagerank": {
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    "sha256": "24408c1e49919220f693a6bfbbb15312aaf122427baaaa962b7418143b0c0af8",
    "simhash": "1:127a4c1ffb6f1499",
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  "last_updated": "2023-07-14T21:03:48.840085+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Defendant in Error, vs. Homer D. Flynn et al.\u2014(Homer D. Flynn, Plaintiff in Error.)"
    ],
    "opinions": [
      {
        "text": "Mr. Justice Keingbiee\ndelivered the opinion of the court:\nPlaintiff in error, Homer D. Flynn, together with two companions, was indicted in the circuit court of Kane County for larceny of a motor vehicle. Judgment was entered on verdicts of guilty, and Flynn was sentenced to imprisonment for a term of two to five years, the sentence to run concurrently with that imposed in a companion case. (See People v. Flynn, Docket No. 33620.) He prosecutes this writ of error to review the record.\nHis sole contention is that incompetent and prejudicial evidence was erroneously admitted against him. Plaintiff in error testified in his own behalf. On cross-examination he was asked whether he had told a police officer he had been in the penitentiary. He replied it had nothing to do with the present case. He was then asked whether he had in fact been in the penitentiary, and whether the conviction had been for robbery or larceny. He refused to answer the questions. Counsel for plaintiff in error made no objection to these questions.\nThe State, while not disputing the impropriety of the questions, takes the position that there was no objection to them; that their impropriety was therefore waived; and that since the motions for new trial and for judgment notwithstanding the verdict were oral only, and no grounds were specified in writing, \u201cthe trial court properly overruled\u201d them.\nThe questions presented are in substance the same as those considered in People v. Flynn, Docket No. 33620, decided today, and that decision is controlling here. The lack of technical nicety in the form of plaintiff in error\u2019s protest cannot be availed of to invoke the rule that failure to object to the admission of incompetent testimony is a waiver of error. The judgment of the circuit court is reversed and the cause is remanded for a new trial.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice Keingbiee"
      }
    ],
    "attorneys": [
      "Paue W. SchnaicE, of Aurora, for plaintiff in error.",
      "Latham CasTeE, Attorney General, of Springfield, and John C. Friedeand, State\u2019s Attorney, of Elgin, (Fred G. Leach, Edwin A. Strugaea, and John S. Petersen, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 33621.\nThe People of the State of Illinois, Defendant in Error, vs. Homer D. Flynn et al.\u2014(Homer D. Flynn, Plaintiff in Error.)\nOpinion filed March 22, 1956.\nPaue W. SchnaicE, of Aurora, for plaintiff in error.\nLatham CasTeE, Attorney General, of Springfield, and John C. Friedeand, State\u2019s Attorney, of Elgin, (Fred G. Leach, Edwin A. Strugaea, and John S. Petersen, of counsel,) for the People."
  },
  "file_name": "0133-01",
  "first_page_order": 133,
  "last_page_order": 134
}