{
  "id": 2974283,
  "name": "The People of the State of Illinois, Defendant in Error, v. Frank Wolf, Plaintiff in Error",
  "name_abbreviation": "People v. Wolf",
  "decision_date": "1916-05-12",
  "docket_number": "Gen. No. 21,819",
  "first_page": "445",
  "last_page": "447",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 445"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 266,
    "char_count": 4616,
    "ocr_confidence": 0.57,
    "sha256": "d34d63565e74c1a9ea63ff3a7b60b32994ced42f76ab33cc01160d04a5d4bac6",
    "simhash": "1:0a3f9888908a7bbc",
    "word_count": 748
  },
  "last_updated": "2023-07-14T15:51:30.955611+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. Frank Wolf, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Me. Justice Goodwin\ndelivered the opinion of the court.\n5. Vagrancy\u2014when information contains all essential elements of offense. An information charging the defendant with the offense of being a vagabond and that he was \u201chabitually found prowling around steamboat landings, railroad depots, banking institutions, places of amusement,\u201d etc., is not defective in substance as every element necessary to constitute the offense is charged.\n6. Criminal law, \u00a7 502 \u2014when sufficiency of information presumed because of failure to call for bill of particulars. Where one charged in an information with the offense of being a vagabond, and with being found habitually prowling around places designated in the statute, considers that the language used does not sufficiently apprise him of the places in which he was found prowling around, he has a right to ask for a bill of particulars, and on his failure to do so, the information must be presumed on error to have been sufficiently definite to enable him to present his defense.\n7. Indictment and information\u2014when defects in information waived. Failure of an information, charging the defendant with the offense of being a vagabond, to definitely charge the particular places he was charged with having been habitually found prowling around does not go to the merits of the case on the question of guilt or innocence and is waived by failure to move to quash the information.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.",
        "type": "majority",
        "author": "Me. Justice Goodwin"
      }
    ],
    "attorneys": [
      "Eebstein & Macaulay, for plaintiff in error.",
      "Maclay Hoyne, for defendant in error; Edward E. Wilson, of counsel."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Frank Wolf, Plaintiff in Error.\nGen. No. 21,819.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nAffirmed.\nOpinion filed May 12, 1916.\nStatement of the Case.\nProsecution by the People of the State of Illinois, plaintiif, against Frank Wolf, defendant, for the offense of being a vagabond. To reverse a judgment adjudging him guilty and sentencing him to three months in the House of Correction, and that the People recover the costs, the defendant prosecutes a writ of error.\nThe information charged that the defendant, \u201cheretofore, to wit, on the 3rd day of May, A. D. 1914, at the City of Chicago, aforesaid, is known to be a thief, burglar or pickpocket, having no lawful means of support, and was habitually found prowling around steamboat landings, railroad depots, banking institutions, places of amusement, auction rooms, stores, shops or crowded thoroughfares, cars or omnibuses, or at any public gatherings or assemblies, or lounging about court rooms, private dwelling houses or outhouses, or found in houses of ill-fame, gambling houses or tippling shops,\u201d etc.\nAbstract of the Decision.\n1. Vagrancy\u2014when information sufficient. Conviction of offense of being a vagabond, sustained though information in charging that defendant was known to be a thief, burglar or pickpocket, did not state whether such knowledge came \u201cby his own confession or otherwise,-\u201d according to the wording of the statute, as the means by which the fact is known is a mere matter of evidence and not a substantial part of the crime.\n\u20222. Vagrancy\u2014iohen information sufficiently alleges time of commission of offense. An information charging that the defendant, \u201cheretofore, to wit, on the 3rd day of May, A. D. 1914, at the City of Chicago; aforesaid, * * * was habitually found prowling around steamboat landings,\u201d etc., sufficiently alleges the time of commission of the offense.\n3. Vagrancy\u2014when information sufficiently alleges that defendant Jcnoion to he a thief at time found prowling. An information charging that the defendant \u201cheretofore, to wit, on the 3rd day of May, * * * is known to be a thief, * * * and was habitually found prowling around steamboat landings,\u201d etc., while ungrammatical sufficiently charges that defendant was known to be a thief, etc., at the time he was found prowling, etc.\n4. Vagrancy\u2014when information not vague or defective. A charge in an information, charging the defendant with being a vagabond, that he was known to be a \u201cthief, burglar or pickpocket,\u201d is not vague or uncertain, as the word \u201cthief\u201d includes burglars, pickpockets, or any one guilty of the crime of stealing, nor does the use of the redundant expression of the statute render the charge defective.\nEebstein & Macaulay, for plaintiff in error.\nMaclay Hoyne, for defendant in error; Edward E. Wilson, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0445-01",
  "first_page_order": 467,
  "last_page_order": 469
}