{ "id": 5182030, "name": "James Lynam v. The People of the State of Illinois", "name_abbreviation": "Lynam v. People", "decision_date": "1896-06-01", "docket_number": "", "first_page": "687", "last_page": "689", "citations": [ { "type": "official", "cite": "65 Ill. App. 687" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "5 Mich. 72", "category": "reporters:state", "reporter": "Mich.", "opinion_index": 0 } ], "analysis": { "cardinality": 277, "char_count": 4383, "ocr_confidence": 0.461, "pagerank": { "raw": 1.3919714851998448e-07, "percentile": 0.6429735864909498 }, "sha256": "0b4e8bf1f87eed6f104d06a1a693e6af81d85db091daf55c3e75673eb0263ff2", "simhash": "1:17364192041778b8", "word_count": 766 }, "last_updated": "2023-07-14T17:04:10.605056+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "James Lynam v. The People of the State of Illinois." ], "opinions": [ { "text": "Mr. Presiding Justice Lacey\ndelivered the opinion of the Court.\nThe plaintiff in error was indicted under section 53, chapter 38, of the criminal code of the statute, under the head \u201c Cruelty to Children and Others.\u201d The section provides that \u201c any person who shall willfully unnecessarily expose to the inclemency of the weather, or shall in any other manner injure the health or limb of any child, apprentice or other person under his legal control, shall be fined not exceeding $500, or imprisonment in the penitentiary not exceeding five years.\u201d\nThe indictment charges plaintiff in error with \u201cunlawfully, unnecessarily and willfully exposing to the in clemency of the weather, William Lemay, a child of tender years, to wit, eight years, then and there under the legal control of plaintiff in error.\u201d\nUpon trial, the jury found plaintiff in error guilty, and the court assessed a fine against him of $100.\nThe main cause assigned for error by counsel for plaintiff in error, is that the indictment was insufficient, in not charging that the health or limb of the child was injured by reason of the exposure.\nThere is no complaint that the conviction was not sustained by the evidence, as charged in the indictment. The instructions given by the court for the people were not detrimental to the plaintiff in error.\nThe interpretation we give to the first clause-of the section in question is, that it made it a crime to expose a child to the inclemency of the weather, without the exposure resulting in injury to his or her health.\nThe second clause of the act apparently assumes that the exposing of a child to the inclemency of the weather would injure its health; but the first clause does not of itself require, as a requisite of the crime, the health to be injured, and we do not think that it should be so interpreted on account of any reflex action of the subsequent clauses of the sentence. The statute was intended to enlarge the scope of the common law, and to make it a crime to expose a child of tender years to the inclemency of the weather, regardless of consequences to its health. At common law, such exposure must result in injury to health to constitute a crime. Rex v. Hogan, 5 Eng. Law & Eq. 553; Shannon v. People, 5 Mich. 72.\nIt was also by the statute intended to make it a crime to in any manner willfully do such acts as to injure the health of a child under one\u2019s legal contract. The legislature has since changed the wording of the section in question, so as to remove the ambiguity but not to change its legal meaning as we here interpret it.\nThe sentence and judgment of the court below is therefore affirmed.", "type": "majority", "author": "Mr. Presiding Justice Lacey" } ], "attorneys": [ "Meers & Downey, attorneys for plaintiff in error.", "Edward C. Akin, State\u2019s Attorney, for defendant in error." ], "corrections": "", "head_matter": "James Lynam v. The People of the State of Illinois.\n1. Statutes\u2014Construction of\u2014Sea. 53, Criminal Code.\u2014Section 53 of the criminal code, providing that any person who shall willfully unnecessarily expose to the inclemency of the weather, or shall in any other manner injure the health or limb of any child, apprentice, or other person under his legal control, shall be fined, etc., was intended to enlarge the scope of the common law, and to make it a crime to expose a child of tender years to the inclemency of the weather regardless of consequences to its health.\n2. Same\u2014Exposure of Child\u2014The Defense at Common Law.-\u2014At common law the act of exposing a child to the inclemency of the weather must result in an injury to its health in order to constitute a crime.\nIndictment.\u2014Exposure of child. Error to the Circuit Court of Will County; the Hon. Dorranoe Dibell, Judge, presiding. Heard in this court at the December term, 1895.\nAffirmed.\nOpinion filed June 1, 1896.\nMeers & Downey, attorneys for plaintiff in error.\nEdward C. Akin, State\u2019s Attorney, for defendant in error.\nCruelty toward weak and helpless persons takes place where a party, bound to provide for and protect them, either abuses them, by whipping them unnecessarily, or by neglecting to provide for them those necessaries which their helpless condition requires. Exposing a person of tender years to the inclemency of the weather: Rex v. Ridley, 2 Campb. 650. Keeping a child, unable to provide for himself, without adequate food : Rex v. Friend, Russ. & Ryan, 20. Or an overseer neglecting to provide food and medical care to a pauper having urgent and immediate occasion for them: Rex v. Meredith, Russ. & Ryan, 45; Bouvier\u2019s L. Diet.; 4 Am. & Eng. Enc. of Law, 952." }, "file_name": "0687-01", "first_page_order": 683, "last_page_order": 685 }