#### City of Chicago, Defendant in Error, v. William Wright, Plaintiff in Error.

Gen. No. 21,036.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles N. Goodnow, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1915.

Reversed and remanded.

Opinion filed December 21, 1915.

*579Abstract of the Decision.

Lewdness—when admission of evidence error. In a prosecution wherein defendant was charged with uttering indecent words and with making obscene gestures publicly, in violation of an ordinance, the admission of evidence that defendant had used indecent language held prejudicial, where it appeared that the indecent language testified to was not used in the presence of the complaining witness.

Statement of the Case.

Prosecution by the City of Chicago against William Wright, defendant, in the Municipal Court of Chicago, charging defendant with committing “an indecent, lewd and filthy act,” with uttering “lewd, indecent and filthy words” and with making “obscene gestures publicly” in violation of section 2026 of the Revised Municipal Code of Chicago. To reverse a judgment of conviction, defendant prosecutes this writ of error.

Gentzel & Crake and William H. Gruver, for plaintiff in error.

John W. Beckwith and Albert J. W. Appell, for defendant in error.

John F. Power, of counsel.

Mr. Presiding Justice Gridley

delivered the opinion of the court.