#### The City of Chicago, Defendant in Error, v. Thomas Confare, Plaintiff in Error.

Gen. No. 18,064.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Caverly, Judge, presiding. Heard in this court at the March term, 1912.

Reversed and remanded.

Opinion filed November 3, 1913.

Statement of the Case.

Complaint by the City of Chicago against Thomas Confare for making, aiding, countenancing and assisting in making an improper noise, riot, disturbance, breach of the peace and diversion tending to a breach of the peace in violation of the Chicago Code of 1911, § 2012. From a finding and judgment of .conviction by the court, a jury having been waived, defendant brings error.

*149Abstract of the Decision.

Breach of the peace, § 1 * —what not "breach of ordinance. Evidence that a man crawled under a canopy of an elevated station and was looking through the cracks in the elevated station under women’s clothes as they were passing up and down the station, in the absence of any other showing, does not show a violation of the Chicago Code of 1911, § 2012. The prosecution should have been under another section of the Code.

Adolph Marks, for plaintiff in error.

William H. Sexton and James S. McInerney, for defendant in error; Edwin J. Raber and George L. Reker, of counsel.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Brown

delivered the opinion of the court.