{
  "id": 2944542,
  "name": "The People of the State of Illinois, Defendant in Error, v. Jack Lillington, alias Clarence Struble, and Henry Stead, alias Fred Stead, Plaintiffs in Error",
  "name_abbreviation": "People v. Lillington",
  "decision_date": "1917-03-08",
  "docket_number": "Gen. No. 22,458",
  "first_page": "273",
  "last_page": "275",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 273"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 258,
    "char_count": 5281,
    "ocr_confidence": 0.574,
    "sha256": "f2a7c92a03c2229ec06955c67dd24bf18a3aab99b4cbd88a87bdc04ecf4aa934",
    "simhash": "1:9e6eca804c36b3f0",
    "word_count": 884
  },
  "last_updated": "2023-07-14T20:49:07.214052+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. Jack Lillington, alias Clarence Struble, and Henry Stead, alias Fred Stead, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Taylor\ndelivered the opinion of the court.\n4. Assault and batteby, \u00a7 30 \u2014what does not constitute variance between indictment and proof. Evidence that the accused had pointed a revolver at a person whom he was charged with having assaulted and said he would blow such person\u2019s brains out, held sufficient to show that the revolver was loaded, under a count of an indictment charging assault with a loaded revolver.\n5. Assault and batteby, \u00a7 34*\u2014when verdict of guilty for assault with deadly weapon is proper. A verdict finding the defendants guilty of assault with a deadly weapon, held good under a count of an indictment charging assault with a certain hard substance, where a revolver with which the assault was shown to have been committed was introduced in evidence and the jury had opportunity to determine whether or not it was a hard substance as set out in the indictment.\n6. Assault and batteby, \u00a7 33*\u2014when instruction in criminal case is in conformity with evidence. An instruction as to a charge of assault with a deadly weapon and as to a charge of assault with the intention to commit murder and simple assault, held to he justified under the evidence showing the assault of which the defendant was found guilty was committed with a revolver.\n7. Assault and batteby, \u00a7 31*\u2014when evidence sufficient to sustain verdict of guilty of assault with deadly weapon. Evidence held sufficient to sustain a verdict of guilty of assault with a deadly weapon with intent to inflict bodily injury upon the person assaulted, under an indictment charging such assault.",
        "type": "majority",
        "author": "Mr. Justice Taylor"
      }
    ],
    "attorneys": [
      "Charles C. Williams and Erbstein & Macaulay, for plaintiffs in error.",
      "Maclay Hoyne, for defendant in error; Irwin N. Walker, of counsel."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Jack Lillington, alias Clarence Struble, and Henry Stead, alias Fred Stead, Plaintiffs in Error.\nGen. No. 22,458.\n(Not to be reported in full.)\nError to the Criminal Court of Cook county; the Hon. Richard E. Burke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.\nAffirmed.\nOpinion filed March 8, 1917.\nStatement of the Case.\nProsecution by the People of the State of Illinois, plaintiff, against Jack Lillington, alias Clarence Struhle, and Henry Stead, alias Fred Stead, defendants. From a judgment upon a verdict of guilty and sentence to imprisonment for nine months and fine of five hundred dollars and costs, defendants bring error.\nThe indictment contained three counts: First, for a felonious assault with a revolver, the same being a dangerous and deadly weapon, with intent to kill and murder; second, for assault with a loaded revolver, the same being a dangerous and deadly weapon and without any considerable provocation with intent to inflict a bodily injury; third, for assault as in the second count, except that the deadly weapon was alleged to be \u201ca certain hard substance, a further description of which is unknown.\u201d The verdict of the jury was as follows:\n\u201cWe, the jury, find the defendant * * * guilty of assault with a deadly weapon in manner and form as charged in the indictment and we further find that said assault was committed with an intent to inflict upon the person of another a bodily injury where no considerable provocation appears and the circumstances of the assault show an abandoned and malignant heart.\u201d\nIt was contended by the defendants: First, that the verdict authorized a conviction for simple, assault only; second, that the verdict was not supported by the evidence; third, that the court erred in giving a certain instruction.\nAbstract of the Decision.\n1. Assault and battery, \u00a7 34 \u2014when verdict in criminal prosecution is sufficient. A verdict finding the defendants guilty of assault with a deadly weapon in manner and form as charged in the indictment and that said assault, was committed with an intent to inflict upon the person \u201cof another\u201d a bodily injury, etc., held to specify sufficiently the material facts constituting the crime of assault with a deadly weapon and that the words \u201cof another\u201d did not negative the allegation that the intention was to injure the person charged in the indictment to have been assaulted, but were used in direct reference to such person.\n2. Assault and battery, \u00a7 34*\u2014when verdict in criminal case sufficiently designates defendant. A verdict finding the defendants guilty of assault with a deadly weapon in manner and form as charged in the indictment, held to clearly designate, by the words \u201cas charged in the indictment,\u201d that the person upon whom the assault was made was the one charged in the indictment.\n3. Assault and battery, \u00a7 34*\u2014when verdict finding defendant guilty of assault with a deadly weapon is proper. A verdict finding the defendants guilty of assault with a deadly weapon, held good as to a count charging assault with a revolver charged with gunpowder and leaden bullets, the same being a deadly and dangerous weapon, or as to a count charging the same except that the deadly weapon was \u201ca certain hard substance, a further description of which is unknown.\u201d\nCharles C. Williams and Erbstein & Macaulay, for plaintiffs in error.\nMaclay Hoyne, for defendant in error; Irwin N. Walker, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vals. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0273-01",
  "first_page_order": 299,
  "last_page_order": 301
}