{
  "id": 2847801,
  "name": "The People of the State of Illinois, Defendant in Error, v. Gustave Anders, Plaintiff in Error",
  "name_abbreviation": "People v. Anders",
  "decision_date": "1914-03-09",
  "docket_number": "Gen. No. 19,755",
  "first_page": "343",
  "last_page": "345",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 343"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 200,
    "char_count": 3479,
    "ocr_confidence": 0.51,
    "sha256": "151a08cb248443f9b1fe6ea4f7f0f907ac04383304ca790022aa2e684cdcae9b",
    "simhash": "1:12eccdb0d839e66c",
    "word_count": 597
  },
  "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. Gustave Anders, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.\nDefendant was indicted for assault with intent to murder, and for assault with a deadly weapon, without any considerable provocation and under circumstances showing an abandoned and malignant heart, with intent to do bodily injury. To this indictment he pleaded not guilty, and a jury was impaneled and heard evidence, but before the trial was concluded, apparently by agreement between the attorneys for the defendant and the attorney representing the People, the jury was discharged. On motion of the State\u2019s Attorney the felony charge in the indictment was waived. Thereupon the defendant withdrew his plea of not guilty and entered a plea saying that he was 11 guilty of assault with intent to do bodily injury in manner and form as charged therein. \u2019 \u2019 It was thereupon \u2018 \u2018 ordered and adjudged by the court that the defendant is guilty of the crime of assault with a deadly weapon, instrument or other thing, with intent to inflict upon the person of another a bodily injury where no considerable provocation appears, or where the circumstances of the assault show an abandoned \u201eor malignant heart, upon the indictment, on the said plea of guilty,\u201d and he was sentenced to be confined in jail for the term of one year and to pay a fine of $25 and costs, which, it is said, were taxed at $213.15.\nIt is apparent that the plea entered by the defendant was only as to an assault with intent to do bodily injury, for which the statute provides that the punishment shall be a fine of not less than $3 nor more than $100. Upon this plea he was found guilty of a crime of a higher degree than he had confessed, and the sentence of punishment was larger than justified by his plea. Under this condition of the record it is clear that such a judgment, and sentence were improper. The judgment is therefore reversed and the cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Maclay Hoyne, for defendant in error; Francis E. Hinckley, of counsel.",
      "James E. Callahan and Francis J. Callahan, for plaintiff in error."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Gustave Anders, Plaintiff in Error.\nGen. No. 19,755.\nAssault and battery, \u00a7 38 \u2014when sentence erroneous. Where on trial of an indictment for assault to murder and for assault with a deadly weapon, without any considerable provocation and under circumstances showing an abandoned and malignant heart, with intent to do bodily injury, the felony charged was waived and defendant pleaded guilty \u201cof assault with intent to do bodily injury in manner and form as charged therein,\u201d it was held that defendant\u2019s plea of guilty was only as to an assault with intent to do bodily injury, and a judgment on such plea that defendant was \u201cguilty of the crime of assault with a deadly weapon, instrument or other thing, with intent to inflict upon the person of another a bodily injury where no considerable provocation appears, or where the circumstances of the assault show an abandoned or malignant heart,\u201d was erroneous and a sentence to a year\u2019s confinement in the county jail, a fine of $25 and costs, amounting to $213.15, was in excess of the statutory penalty for the offense to which he pleaded guilty.\nError to the Criminal Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding.\nHeard in this court at the October term, 1913.\nReversed and remanded.\nOpinion filed March 9, 1914.\nMaclay Hoyne, for defendant in error; Francis E. Hinckley, of counsel.\nJames E. Callahan and Francis J. Callahan, for plaintiff in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0343-01",
  "first_page_order": 369,
  "last_page_order": 371
}