{
  "id": 2852581,
  "name": "The People of the State of Illinois, Defendant in Error, v. Howard Ellis, Plaintiff in Error",
  "name_abbreviation": "People v. Ellis",
  "decision_date": "1914-03-11",
  "docket_number": "Gen. No. 19,648",
  "first_page": "417",
  "last_page": "419",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 417"
    }
  ],
  "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. Howard Ellis, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Graves\ndelivered the opinion of the court.\n5. Indictment and information, \u00a7 22 \u2014how facts required to be stated. Every fact and circumstance stated in an indictment must be laid positively, and cannot be stated by way of recital.\n6. Indictment and information, \u00a7 29 -\u2014necessity for certainty in allegations. In an indictment or information the facts must be charged with such certainty as to enable defendant to know with what he is charged and to enable him to prepare his defense, and also to identify the offense sufficiently so that the judgment may be shown in support of a plea of former jeopardy.\n7. Indictment and information, \u00a7 22 \u2014when disjunctive \u201cor\u201d and conjunctive \u201cand\" may be used. In negative averments the disjunctive conjunction \u201cor\u201d may be used, but in affirmative averments where terms that are not synonymous are used, certainty in the indictment requires the use of the conjunction \u201cand.\u201d\n8. Infants, \u00a7 5a \u2014when information for contributing to dependency or delinquency insufficient as alleging conclusions. In a prosecution for contributing to the dependency or delinquency of a child, an averment in the information that defendant \u201cdid * * * do such acts that did directly produce, promote and contribute,\u201d etc., without stating what acts defendant was charged with doing, or whether the effect of such acts was to render the child \u201cdependent and neglected,\u201d or to cause him to become a \u201cdelinquent child,\u201d is a mere conclusion and insufficient.\n9. Infants, \u00a7 5a \u2014when information charging contributing to dependency or delinquency uncertain. In a prosecution for contributing to the dependency or delinquency of a child, the information was held not to state the offense charged in the language of the statute creating the offense, nor so plainly that the nature of the offense might be easily understood by the jury.\n10. Criminal law, \u00a7 599 \u2014when cause remanded on reversal. Where a judgment of conviction for contributing to the dependency or delinquency of a child is reversed for amendable defects in the information, and the statute of limitations has not run against the offense charged, the cause will be remanded to the court below.",
        "type": "majority",
        "author": "Mr. Presiding Justice Graves"
      }
    ],
    "attorneys": [
      "Northup, Arnold & Fairbank, 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. Howard Ellis, Plaintiff in Error.\nGen. No. 19,648.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. John J. Stn> livan, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed March 11, 1914.\nStatement of the Case.\nProsecution by The People of the State of Illinois against Howard Ellis on an information charging that defendant: \u201cOn or about the first day of January, A. D. 1913, at the City of Chicago, aforesaid, did then and there not being the parent or legal guardian or person having legal custody of him, the said Ward Swalwell, a dependent, neglected or delinquent child, did knowingly and willfully do such acts that did directly produce, promote and contribute to rendering the said Ward Swalwell, a minor child under the age of seventeen years, tp-wit, fourteen years, dependent and delinquent.\u201d\nAbstract of the Decision.\n1. Criminal law, \u00a7 409 \u2014when sufficiency of information must be questioned below. Defects in an information which do not go to the merits of the case on the guilt or innocence of the accused cannot be raised for the first time on review.\n2. Criminal law, \u00a7 409 \u2014when unnecessary to question sufficiency of information below. Where the information charges no crime, or is in other respects fatally defective, such defects may be taken advantage of by writ of error after a plea of guilty, regardless of whether or not the sufficiency of the information was questioned in the trial court.\n3. Infants, \u00a7 5a \u2014who are dependent, neglected and delinquent children. Under Hurd\u2019s R. S. ch. 23, sec. 169, J. & A. If 3386, the words \u201cdependent child\u201d and \u201cneglected child\u201d are synonymous, but the term \u201cdelinquent child\u201d is given a different meaning.\n4. Infants, 5a \u2014when information for contributing to dependency or delinquency insufficient. In a prosecution for contributing to the dependency or delinquency of a child an information referring to the child by way of recital merely, as being \u201cdependent, neglected or delinquent,\u201d hut containing no averment from which the court could determine whether he was charged with being a dependent or a neglected or a delinquent child, is sufficient.\nThe defendant pleaded guilty and was sentenced by the court to confinement in the House of Correction at labor and to pay the costs, from which conviction he brings error.\nNorthup, Arnold & Fairbank, for plaintiff in error.\nMaclay Hoyne, for defendant in error; Francis E. Hinckley, of counsel.\nSeo Illinois Notes Digest, Vols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vois. XI to XV, same topic and section number."
  },
  "file_name": "0417-01",
  "first_page_order": 443,
  "last_page_order": 445
}