{
  "id": 2765307,
  "name": "The People of the State of Illinois, Defendant in Error, v. John Tynan, Plaintiff in Error",
  "name_abbreviation": "People v. Tynan",
  "decision_date": "1912-10-07",
  "docket_number": "Gen. No. 16,592",
  "first_page": "557",
  "last_page": "558",
  "citations": [
    {
      "type": "official",
      "cite": "173 Ill. App. 557"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "231 Ill. 193",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5635831
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/231/0193-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 142,
    "char_count": 2003,
    "ocr_confidence": 0.477,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.08418888514349679
    },
    "sha256": "4b5fcb0f4b95e522846f4c3706393162d0dae75c10ea1b0e465eeccba6d4950c",
    "simhash": "1:5372caed48079c74",
    "word_count": 335
  },
  "last_updated": "2023-07-14T18:18:39.035248+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, v. John Tynan, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr.. Presiding Justice Smith\ndelivered the opinion of the court.\nThe plaintiff in error, hereinafter called the defendant, was tried and convicted on an indictment containing three counts; one count charging an assault with a deadly weapon with an intent to kill and murder, and two counts charging an assault to commit bodily injury with a deadly weapon without any considerable provocation and under circumstances showing an abandoned and malignant heart. The jury returned the following verdict: \u201cWe the jury find the defendant John Tynan guilty of assault with a deadly weapon with intent to do a bodily injury in manner and form as charged in the indictment.\u201d A motion for a new trial was denied and the defendant sentenced to the House of Correction for one year and to pay a fine of one thousand dollars.\nThe defendant urges that the judgment he reversed under the authority of The People v. Lemen, 231 Ill. 193, where a like verdict was held reversible error. We are of the opinion that the said authority is controlling on this court in the case at bar.\nThe judgment is reversed and the cause remanded.\nReversed cmd remanded.",
        "type": "majority",
        "author": "Mr.. Presiding Justice Smith"
      }
    ],
    "attorneys": [
      "Louis Greenberg, for plaintiff in error.",
      "John E. W. Wayman, for defendant in error; Zach Hofheimer, of counsel."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. John Tynan, Plaintiff in Error.\nGen. No. 16,592.\nCriminal law\u2014verdict. Where an indictment charges assault with a deadly weapon, with intent to kill and murder, and assault to commit bodily injury with a deadly weapon, without considerable provocation, and under circumstances showing an abandoned and malignant heart, a verdict which merely finds defendant guilty of assault with a deadly weapon, with intent to do a bodily injury in manner and form as charged in the indictment, is fatally defective.\nAppeal from the Criminal Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in this court at the October term, 1910.\nReversed and remanded.\nOpinion filed October 7, 1912.\nLouis Greenberg, for plaintiff in error.\nJohn E. W. Wayman, for defendant in error; Zach Hofheimer, of counsel."
  },
  "file_name": "0557-01",
  "first_page_order": 575,
  "last_page_order": 576
}
