{
  "id": 2854422,
  "name": "The People of the State of Illinois, Defendant in Error, v. Everett C. Ellison, Plaintiff in Error",
  "name_abbreviation": "People v. Ellison",
  "decision_date": "1914-03-09",
  "docket_number": "Gen. No. 19,586",
  "first_page": "287",
  "last_page": "288",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 287"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T19:43:38.716309+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. Everett C. Ellison, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Baker\ndelivered the opinion of the court.\n3. Labceny, \u00a7 42 \u2014when fine excessive. Under a.statute prescribing imprisonment in the county jail, or other named places, and a fine of \u201cnot exceeding one hundred dollars\" where the value of the property stolen is under fifteen dollars, the imposition of a fine of two hundred dollars is erroneous.",
        "type": "majority",
        "author": "Mr. Presiding Justice Baker"
      }
    ],
    "attorneys": [
      "James O. O'Brien, for plaintiff in error.",
      "Maclay Hoyne, for defendant in error; Francis E. Hinckley, of counsel."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Everett C. Ellison, Plaintiff in Error.\nGen. No. 19,586.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Larceny, \u00a7 41 \u2014necessity for finding of value. Whenever the measure or kind of punishment is dependent upon the value of the property stolen, the jury, or court, when the trial is by the court, must find that value as part of the verdict or finding, or a conviction cannot be sustained.\n2. Larceny, \u00a7 41 \u2014effect of failure to find value. On an information charging defendant with stealing a watch of the value of fourteen dollars, tried by the court on the waiver of a jury, a conviction cannot be sustained, where the court failed to find the value of the property, since under the statute the extent of the punishment would depend upon whether the value of the property was over or under fifteen dollars.\nError to the Municipal Court of Chicago; the Hon. John A. Mahoney, Judge, presiding.\nHeard in this court at the October term, 1913.\nReversed and remanded.\nOpinion filed March 9, 1914.\nStatement of the Case.\nProsecution by The People of the State of Illinois against Everett C. Ellison on information in the Municipal Court of Chicago charging him with the stealing of a watch valued at fourteen dollars. A jury was waived and the court found him guilty, sentencing him to imprisonment for six months and to pay a fine of two hundred dollars. From the judgment of conviction, defendant brings error.\nJames O. O'Brien, for plaintiff in error.\nMaclay Hoyne, for defendant in error; Francis E. Hinckley, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0287-01",
  "first_page_order": 313,
  "last_page_order": 314
}