{
  "id": 2406949,
  "name": "Ora Price v. The People, etc.",
  "name_abbreviation": "Price v. People",
  "decision_date": "1881-06-21",
  "docket_number": "",
  "first_page": "36",
  "last_page": "37",
  "citations": [
    {
      "type": "official",
      "cite": "9 Ill. App. 36"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "89 Ill. 217",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": -1
    },
    {
      "cite": "65 Ill. 301",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2617762
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      "opinion_index": -1,
      "case_paths": [
        "/ill/65/0301-01"
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    {
      "cite": "90 Ill. 512",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": -1
    },
    {
      "cite": "90 Ill. 510",
      "category": "reporters:state",
      "reporter": "Ill.",
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      "case_paths": [
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    {
      "cite": "16 Ill. 380",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2588053
      ],
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      "case_paths": [
        "/ill/16/0380-01"
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    {
      "cite": "65 Ill. 374",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": 0
    },
    {
      "cite": "22 Ill. 314",
      "category": "reporters:state",
      "reporter": "Ill.",
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      "case_paths": [
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    {
      "cite": "65 Ill. 301",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2617762
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/65/0301-01"
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    }
  ],
  "analysis": {
    "cardinality": 149,
    "char_count": 1995,
    "ocr_confidence": 0.506,
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  "last_updated": "2023-07-14T17:47:09.046027+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ora Price v. The People, etc."
    ],
    "opinions": [
      {
        "text": "Davis, J.\nThe plaintiff in error, and two others, were indicted for a riot, and on trial, the plaintiff was found \u201cnot guilty of riot, but guilty of an assault,\u201d and the two others were found not guilty. A motion was made by the plaintiff for a new trial, which was overruled by the court, and thereupon the plaintiff was sentenced to a fine of ten dollars and costs. To reverse the judgment this writ of error was prosecuted.\nIt is apparent that the judgment must be reversed. The record discloses that the plaintiff in error never pleaded to the indictment, or in any way consented to a -trial without a plea. In the absence of a plea there was no issue .for the jury to try, and a party convicted under such circumstances could not be properly sentenced. Johnson v. The People, 22 Ill. 314; Aylesworth v. The People, 65 Ill. 301; Yundt v. The People, 65 Ill. 374.\nAnother ground for reversal is, that under an indictment for a riot a defendant cannot be convicted of an assault. Freeland v. The People, 16 Ill. 380; Furguson et al. v. The People, 90 Ill. 510.\nIt is true that the last case cited has been overruled, but on other grounds, and the rule remains as established by the two cases.\nJudgment reversed.",
        "type": "majority",
        "author": "Davis, J."
      }
    ],
    "attorneys": [
      "Mr. B. D. Lucas, for plaintiff in error;"
    ],
    "corrections": "",
    "head_matter": "Ora Price v. The People, etc.\n1. Indictment \u2014 Trial without ple a. \u2014 Where a defendant never plea d-ed to an indictment, nor consented to a trial without a plea, a judgment of Conviction is erroneous. There was no issue for the jury to try.\n2. Indictment for riot \u2014 Conviction for assault. \u2014 Under an indictment for a riot, a defendant cannot he convicted of an assault.\nError to the Circuit Court of McLean county; the Hon. Owen T. Beeves, Judge, presiding.\nOpinion filed June 21, 1881.\nMr. B. D. Lucas, for plaintiff in error;\nthat conviction for an assault cannot be had under an indictment for riot, cited Furguson v. The People, 90 Ill. 512.\nIt is error to try an accused when no plea has been entered: Aylesworth v. The People, 65 Ill. 301; Gould v. The People, 89 Ill. 217."
  },
  "file_name": "0036-01",
  "first_page_order": 32,
  "last_page_order": 33
}