{
  "id": 5468947,
  "name": "The People of the State of Illinois, Defendant in Error, v. Tony Blue, Plaintiff in Error",
  "name_abbreviation": "People v. Blue",
  "decision_date": "1921-11-01",
  "docket_number": "Gen. No. 26,690",
  "first_page": "255",
  "last_page": "257",
  "citations": [
    {
      "type": "official",
      "cite": "222 Ill. App. 255"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
      "cite": "218 Ill. 481",
      "category": "reporters:state",
      "reporter": "Ill.",
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        3352061
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      "category": "reporters:state",
      "reporter": "Ill.",
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      "cite": "284 Ill. 588",
      "category": "reporters:state",
      "reporter": "Ill.",
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        4917547
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      "case_paths": [
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    {
      "cite": "209 Ill. App. 597",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        2917929
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      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/209/0597-01"
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  "last_updated": "2023-07-14T18:22:09.223782+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. Tony Blue, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nThis appeal is from a conviction upon an information charging plaintiff in error \u201cdid unlawfully, wilfully and maliciously take and use an automobile without the consent of the owner, or of any person having the care, custody or control over the same,\u201d in violation of section 30 of the Illinois Motor Vehicle Law, in force January 1, 1920. (Cahill\u2019s Ill. St. ch. 95a, \u00b6 31.)\nSection 30 of the Motor Vehicle Act referred to provides that: \u201cNo chauffeur or other person shall drive or operate any motor vehicle or motor bicycle upon any street, or highway in this State in the absence of the owner of such motor vehicle or motor bicycle \"without said owner\u2019s consent\u201d; and provides a penalty for the violation of such provision.\nEven if we construe the words \u201ctake\u201d and \u201cuse\u201d in the information to mean the same as the words \u201cdrive\u201d or \u201coperate\u201d in the statute, nevertheless the information is defective in that it does not name the owner of the vehicle (People v. Kasker, 209 Ill. App. 597) nor allege that it was driven or operated upon a \u201cstreet or highway of this State,\u201d or \u201cin the absence of the owner.\u201d The offense is one created by statute which expressly requires as-ingredients thereof that the driving or operation of the car shall be \u201cin the absence of the owner\u201d as well as without his consent, and on a \u201cstreet or highway of this State.\u201d There is no complete offense stated without allegations covering all the ingredients required by the statute to constitute one. In the absence of such allegations the information is clearly insufficient to support the judgment; for it- is fundamental that an indictment or information must a,liege all the facts necessary to constitute the crime with which a defendant is charged, and if it does not set forth such facts with sufficient certainty it will not support the conviction. (People v. Picard, 284 Ill. 588; People v. Stoyan, 280 Ill. 300; Klawanski v. People, 218 Ill. 481; People v. Kasker, supra.)\nAccordingly the judgment will be reversed.\nReversed.\nGtridlbt, P. J., and Morrill, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Miles J. Devine, for plaintiff in error.",
      "Robert E. Crowe, Edward E. Wilson and Henry T. Chace, Jr., for defendant in error."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Tony Blue, Plaintiff in Error.\nGen. No. 26,690.\n1. Automobiles and garages\u2014charge of unlawful \u201ctalcing\u201d and \u201cusing\u201d as charge of unlawful \u201cdriving\u201d or \u201coperating.\u201d As to whether the words \u201ctake\u201d and \u201cuse\u201d in an information for violating section 30 of the Illinois Motor Vehicle Law, in force January 1, 1920 (Cahill\u2019s Ill. St. ch. 95a, \u00b6 31), could be construed to mean the ^ame as the words \u201cdrive\u201d or \"operate\u201d in the statute, quiere.\n2. Indictment and information\u2014sufficiency of allegation charging violation of Motor Vehicle Law. An information charging the use and taking of an automobile without the consent of the owner or any person having the care, custody and control of the same, in violation of section 30 of the Illinois Motor Vehicle Law, in force January 1, 1920 (Cahill\u2019s Ill. St. ch. 95a, \u00b6 31), was fatally defective in failing to state either the name of the owner of the vehicle, or that it was driven upon a \u201cstreet or highway of this State,\u201d or \u201cin the absence of the owner.\u201d\n3. Indictment and information-\u2014what sufficient to charge unlawful driving and operating of another\u2019s automobile. No complete offense was stated in an information based upon a violation of section 30 of the Illinois Motor Vehicle Law, in force January 1, 1920 (Cahill\u2019s Ill. St. ch. 95a, \u00b6 31), prohibiting the driving or operation of a motor vehicle in the absence of the owner without his consent, without allegations covering the requisite statutory ingredients that the driving or operation should be in the absence of the owner, as well as without his consent, and on a street or highway of the State.\n4. Indictment and information\u2014reqiiisites as to allegation of facts. It is fundamental that an indictment or information must allege all the facts necessary to constitute the crime with which a defendant is charged, and if it does not set forth such facts with sufficient certainty, it will not support the conviction.\nError to the Municipal Court of Chicago; the Hon. William N, Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1921.\nReversed.\nOpinion filed November 1, 1921.\nMiles J. Devine, for plaintiff in error.\nRobert E. Crowe, Edward E. Wilson and Henry T. Chace, Jr., for defendant in error."
  },
  "file_name": "0255-01",
  "first_page_order": 285,
  "last_page_order": 287
}