{
  "id": 5084006,
  "name": "Fred Limouze v. The People of the State of Illinois",
  "name_abbreviation": "Limouze v. People",
  "decision_date": "1895-04-04",
  "docket_number": "",
  "first_page": "314",
  "last_page": "315",
  "citations": [
    {
      "type": "official",
      "cite": "58 Ill. App. 314"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "92 Ill. 400",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2744459
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/92/0400-01"
      ]
    },
    {
      "cite": "150 Ill. 297",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5470629
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/150/0297-01"
      ]
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  "last_updated": "2023-07-14T20:52:30.003237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Fred Limouze v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nThe plaintiff in error was indicted for, and convicted of, obtaining money by false pretenses. The i ndictment charges that the pretense was \u201cthat the price of certain pieces, parcels and lots of land that he had purchased for \u201d parties named, was $1,600, and that he as agent \u201chad paid $1,600 for the said pieces, parcels and lots of land,\u201d while in fact the price \u201c was not $1,600, nor any sum over and above $1,300\u201d\nThe proof is. that in the latter part of February or first part of March, 1893, the plaintiff in error and the prosecuting witness looked at a lot, the price of which he told her was $1,600, and that he could get one for $1,600; that April 21, 1893, the prosecuting witness gave the defendant in error authority to buy it for $1,600; that next day he bought it for $1,300, and charged his principal $1,600, so that he secretly kept $300.\nThe variances between the indictment and proof are substantial The business had relation but to one lot\u2014not pieces, parcels and lots; and the representation was as to a lot to be bought\u2014not one that had been bought.\nMorally, the differences are not great, but they are as fatal as in Bromley v. People, 150 Ill. 297, where, upon an indictment charging a burglary in the night time, it was held that a conviction could not be sustained upon proof of a burglary in the day time.\nSo a charge of giving intoxicating liquor is not sustained by proof of selling. Humpeler v. People, 92 Ill. 400.\nThe motion for a new trial should have been granted. The judgment is reversed and the cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "C. Stuart Beattie, attorney for plaintiff in error."
    ],
    "corrections": "",
    "head_matter": "Fred Limouze v. The People of the State of Illinois.\n1. Vaeiances\u2014Indictment and Proofs.\u2014A charge for falsely pretending in relation to the price of \u201c certain pieces, parcels and lots of land\u201d is not sustained by proof of false pretenses in relation to but one lot.\nIndictment.\u2014Obtaining money by false pretenses. Error to the Criminal Court of Cook County; the Hon. Aethub H. Chetlain, Judge, presiding. Heard in this court at the March term, 1895.\nReversed and remanded.\nOpinion filed April 4, 1895.\nC. Stuart Beattie, attorney for plaintiff in error."
  },
  "file_name": "0314-01",
  "first_page_order": 310,
  "last_page_order": 311
}