{
  "id": 3442025,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Robert E. Cantwell, Plaintiff in Error",
  "name_abbreviation": "People v. Cantwell",
  "decision_date": "1911-12-21",
  "docket_number": "",
  "first_page": "57",
  "last_page": "58",
  "citations": [
    {
      "type": "official",
      "cite": "253 Ill. 57"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "41 Tex. 526",
      "category": "reporters:state",
      "reporter": "Tex.",
      "case_ids": [
        2127609
      ],
      "opinion_index": 0,
      "case_paths": [
        "/tex/41/0526-01"
      ]
    },
    {
      "cite": "1 Mo. 180",
      "category": "reporters:state",
      "reporter": "Mo.",
      "case_ids": [
        8853379
      ],
      "opinion_index": 0,
      "case_paths": [
        "/mo/1/0126-01"
      ]
    }
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  "analysis": {
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    "simhash": "1:f57a73bd9adcc9a8",
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  "last_updated": "2023-07-14T17:53:56.303877+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, vs. Robert E. Cantwell, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dunn\ndelivered the opinion of the court:\nThe plaintiff in error was convicted in the municipal court of Chicago of assault and battery. The Appellate Court having affirmed the judgment he has brought the record here for review, and contends that the information is not sufficient, that a reference to the defendant\u2019s right to testify entitled him to a new trial, and that the instructions were erroneous.\nThe objection made to the information is, that it does not allege that the assault was unlawfully made. The information is sufficient at common law and is equally good to charge a violation of the statute. 3 Chitty\u2019s Crim. Law, 821; Bishop\u2019s Directions and Forms, 99, sec. 201; Curtis v. People, Breese, 256; State v. Bray, 1 Mo. 180; State v. Hays, 41 Tex. 526.\nThe remark of the State\u2019s attorney which is complained of does not appear to have been either intended or calculated to direct the attention of the jury to the defendant\u2019s neglect to testify.\nThe objections to the instructions are too refined and tenuous to be of practical importance.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Dunn"
      }
    ],
    "attorneys": [
      "George W. Plummer, and James T. Brady, for plaintiff in error.",
      "W: H. Stead, Attorney General, John E. W. Way-man, State\u2019s Attorney, and Joel C. Fitch, (Zach HoPheimER, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, vs. Robert E. Cantwell, Plaintiff in Error.\nOpinion filed December 21, 1911\nRehearing denied Feb. 8, 1912.\nAssault and battery\u2014information need not allege, in terms, that assault was unlawfully made. \u25a0 An information charging the defendant with assault and battery is not fatally defective though it does not allege, in terms, that the assault was unlawfully made.\nWrit op Error to the Appellate Court for the First District;\u2014heard in that court on writ of error to the Municipal Court of Chicago; the Hon. Stephen A. Foster, Judge, presiding.\nGeorge W. Plummer, and James T. Brady, for plaintiff in error.\nW: H. Stead, Attorney General, John E. W. Way-man, State\u2019s Attorney, and Joel C. Fitch, (Zach HoPheimER, of counsel,) for the People."
  },
  "file_name": "0057-01",
  "first_page_order": 57,
  "last_page_order": 58
}