{
  "id": 2917929,
  "name": "The People of the State of Illinois, Defendant in Error, v. Frank Kasker, Plaintiff in Error",
  "name_abbreviation": "People v. Kasker",
  "decision_date": "1918-03-12",
  "docket_number": "Gen. No. 23,517",
  "first_page": "597",
  "last_page": "598",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 597"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 203,
    "char_count": 2780,
    "ocr_confidence": 0.52,
    "pagerank": {
      "raw": 8.138363859351185e-08,
      "percentile": 0.4722754106513546
    },
    "sha256": "4cc0cce02087ae5ff88d13af9c1248811a9f122ce44dbc635a7afcbcfc6fd759",
    "simhash": "1:af51c48bd1ba89d8",
    "word_count": 477
  },
  "last_updated": "2023-07-14T15:09:41.322311+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 Kasker, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "O. J. C. Wray and William A. Gordon, 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 Kasker, Plaintiff in Error.\nGen. No. 23,517. (Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Bernard P. Barasa, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1917.\nReversed and remanded.\nOpinion filed March 12, 1918.\nStatement of the Case.\nInformation by the People of the State of Illinois, plaintiff, against Frank Kasker, defendant, charging defendant with unlawfully driving an automobile upon a street in the absence of the owner of the automobile and without his consent, in violation of Rev. St. ch. 121, sec. 2690 (J. & A. \u00b6 10015). To reverse a judgment finding him guilty, defendant prosecutes this writ of error.\nO. J. C. Wray and William A. Gordon, for plaintiff in error.\nAbstract of the Decision.\n1. Automobiles and garages, \u00a7 1 \u2014when information charging use of motor vehicle without owner\u2019s consent is insufficient. An information which charges a violation of Rev. St. ch. 121, sec. 2690 (J. & A. 1[ 10015), prohibiting the use of a motor vehicle on a street in the absence of the owner and without his consent, is insufficient where it fails to allege the ownership of the vehicle.\n2. Indictment and information, \u00a7 39*\u2014when name of person injured must be stated. In indictments and informations for offenses against persons or property, the name of the person injured must be stated to enable defendant to plead either a former acquittal or conviction.\n3. Criminal law, \u00a7 409*\u2014when question not clearly shown by record to have been raised below may be raised on writ of error. Even though the record does not show that the question that an information charging a violation of Rev. St. ch. 121, sec. 2690 (J. & A. If 10015), was insufficient for failure to allege ownership of the vehicle was directly raised in the court below, the question may he raised on a writ of error when it appears from the face of the record that the judgment cannot possibly stand.\n4. Criminal law, \u00a7 599*-\u2014when case remanded for amendment of information. Where plaintiff in error did not question the sufficiency of the information below, in which the defect could have been remedied by amendment, the cause should be remanded for opportunity to amend.\n5. Criminal law, \u00a7 497*\u2014what presumed in absence of bill of exceptions. On a writ of error to reverse a judgment of guilty as charged in an information, it may be presumed, in the absence of a bill of exceptions, that plaintiff in error was guilty of the offense charged.\nMaclay Hoyne, for defendant in error; Edward E. Wilson, of counsel.\nSee Illinois Notes Digest, Yols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0597-01",
  "first_page_order": 625,
  "last_page_order": 626
}