#### City of Chicago, Defendant in Error, v. Mary Perkinson, Plaintiff in Error.

Gen. No. 19,779.

(Not to be reported in full.)

Abstract of the Decision.

1. Appeal and error, § 1034 * —judicial notice. The Appellate Court cannot take judicial notice of ordinances not contained in the record.

2. Breach of the peace, § 1 * —what does not constitute. Where a person occupying premises abutting a street, took a horse and wagon left in the street in front of a portion of her premises and left them in the middle of the street in the street car tracks, held that such acts and conduct did not show a breach of the peace or the commission of an act which tended to a breach of the peace within the meaning of an ordinance prohibiting the making, etc., of “an improper noise, riot, disturbance, breach of the peace or diversion tending to a breach of the peace.” ,

Error to the Municipal Court of Chicago; the Hon. Frederick L. Fake, Judge, presiding. Heard in this court at the October term, 1913.

Reversed and remanded.

Opinion filed November 30, 1914.

Statement of the Case.

Complaint by the City of Chicago against Mary Perkinson charging defendant with a breach of the peace in violation of section 2012 of the Chicago Code of 1911. To reverse a judgment of guilty, defendant prosecutes a writ of error.

J. H. Perkinson, for plaintiff in error.

William H. Sexton and James S. McInerney, for defendant in error; Albert J. W. Appell, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.