{
  "id": 5152068,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Albert Arey, Plaintiff in Error",
  "name_abbreviation": "People v. Arey",
  "decision_date": "1925-10-28",
  "docket_number": "No. 16760",
  "first_page": "305",
  "last_page": "306",
  "citations": [
    {
      "type": "official",
      "cite": "318 Ill. 305"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "280 Ill. 160",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        4890358
      ],
      "weight": 2,
      "pin_cites": [
        {
          "page": "295"
        }
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      "opinion_index": 0,
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        "/ill/280/0160-01"
      ]
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  "last_updated": "2023-07-14T21:35:03.608729+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. Albert Arey, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Dunn\ndelivered the opinion of the court:\nAlbert Arey was convicted in the county court of Alexander county of a violation of the Illinois Prohibition act and sued out a writ of error to reverse the conviction.\nAmong other\" errors assigned are the denial of the plaintiff in error\u2019s motion to quash the information on the grounds that it was not verified as required by section 6 of the bill of rights and that it did not charge a violation of any law, the proceeding to the trial of the cause without any arraignment of the defendant or any plea to the information, and the denial of his motion in arrest of judgment.\nThe affidavit endorsed on the information was made by the State\u2019s attorney in this language: \u201cLeslie L. Wilbourn, after being duly sworn, on his oath states that the within information against Albert Arey is true, as he is informed and believes.\u201d The defendant made an oral motion to quash the information on the ground that it was insufficient in form and substance and that it did not charge the violation of any law of the State of Illinois. The court overruled the motion, and after the trial and a verdict of guilty the defendant moved in arrest of judgment on the ground that the information was insufficient because it was verified on information and belief, only, and did not charge the defendant with the violation of any law. This motion was also overruled, and both decisions were erroneous. The affidavit to an information must be sworn to positively, so that a charge of perjury will lie if the affidavit is false, and the objection may be made by motion to quash or in arrest, though it may be waived if not so made. People v. Clark, 280 Ill. 160; People v. Honaker, 281 id. 295; People v. Powers, 283 id. 438; People v. Reed, 287 id. 606; People v. Leinecke, 290 id. 560; People v. Fensky, id. 612; People v. Kennedy, 303 id. 423; People v. Shockley, 311 id. 255.\nOther errors need not be considered.\nThe judgment is reversed.\nJudgment reversed.",
        "type": "majority",
        "author": "Mr. Chief Justice Dunn"
      }
    ],
    "attorneys": [
      "Asa J. Wilbourn, for plaintiff in error.",
      "Oscar E. Carlstrom, Attorney General, Leslie L. Wilbourn, State\u2019s Attorney, Virgil L. Blanding, and C. F. Mansfield, for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 16760.\nJudgment reversed.)\nThe People of the State of Illinois, Defendant in Error, vs. Albert Arey, Plaintiff in Error.\nOpinion filed October 28, 1925.\nCriminal law- \u2014 affidavit to information must be sworn to positively \u2014 waiver. The affidavit to an information must be sworn to positively so that a charge of perjury will lie if the affidavit is false, and an objection to the sufficiency of the affidavit may be made by motion to quash or in arrest, though it may be waived if not so made.\nWrit of Error to the County Court of Alexander county; the Hon. D. I. Kiricham, Judge, presiding.\nAsa J. Wilbourn, for plaintiff in error.\nOscar E. Carlstrom, Attorney General, Leslie L. Wilbourn, State\u2019s Attorney, Virgil L. Blanding, and C. F. Mansfield, for the People."
  },
  "file_name": "0305-01",
  "first_page_order": 305,
  "last_page_order": 306
}