{ "id": 5252244, "name": "The People of the State of Illinois, Defendant in Error, vs. George Smith et al. Plaintiffs in Error", "name_abbreviation": "People v. Smith", "decision_date": "1931-02-18", "docket_number": "No. 20361", "first_page": "600", "last_page": "604", "citations": [ { "type": "official", "cite": "342 Ill. 600" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "338 Ill. 56", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5238310 ], "opinion_index": 0, "case_paths": [ "/ill/338/0056-01" ] }, { "cite": "278 Ill. 580", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4871415 ], "opinion_index": 0, "case_paths": [ "/ill/278/0580-01" ] } ], "analysis": { "cardinality": 361, "char_count": 6369, "ocr_confidence": 0.815, "pagerank": { "raw": 1.869981516503121e-07, "percentile": 0.726150636581515 }, "sha256": "d9017cd22a8005290604beaeb7e7a2fa997bace02c84c4948a55a25eddeabfcd", "simhash": "1:5caf113212c4aed2", "word_count": 1083 }, "last_updated": "2023-07-14T17:15:17.190314+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. George Smith et al. Plaintiffs in Error." ], "opinions": [ { "text": "Mr. Justice Heard\ndelivered the opinion of the court:\nPlaintiffs in error, George Smith and Charles McDaniel, together with Lawrence Kleiner, were indicted by the grand jury of Gallatin county on a charge of burglary and larceny. The indictment describes the place burglarized as \u201cthe poultry house of Risser & Rabinowitz, Inc.,\u201d and the property stolen therefrom as the property of \u201cRisser & Rabinowitz, Inc.\u201d After overruling a motion to quash the indictment, pleas of not guilty, trial by jury, verdict of guilty and overruling of a motion in arrest of judgment, plaintiffs in error were sentenced to the reformatory. They bring the record here for review on writ of error.\nSeveral errors are alleged, among them being that the court erred in overruling plaintiffs in error\u2019s motions to quash the indictment and in arrest of judgment.\nAs above stated, the ownership of the poultry house burglarized and of the property stolen therefrom was alleged to be in \u201cRisser & Rabinowitz, Inc.\u201d In indictments for offenses against persons or property the name of the person injured must be stated in order to enable the defendant to plead either a former acquittal or conviction. The ownership of the property is a necessary averment of the indictment, and such ownership must be alleged in a person, corporation or other entity capable of owning property. People v. Dettmering, 278 Ill. 580; People v. Krittenbrink, 269 id. 244; People v. Brander, 244 id. 26; Staaden v. People, 82 id. 432; Wallace v. People, 63 id. 451.\nSection 24 of the general Corporation act provides: \u201cThe name of a proposed corporation shall indicate that it is a corporation, but the name of a natural person or co-partnership may be assumed when, as a part of the corporate name the word \u2018corporation,\u2019 \u2018incorporated,\u2019 \u2018limited\u2019 or the abbreviations thereof, is added.\u201d Paragraph 452 of the Criminal Code (Cahill\u2019s Stat. 1929, p. 966,) makes it a criminal offense for any company, association or person, not being incorporated, to put forth any sign or advertisement and therein assume, for the purpose of soliciting business, a corporate name.\nThe word \u201cInc.\u201d is given in Webster\u2019s International Dictionary and has as a definition, \u201cAbbr. \u2014 Incorporated.\u201d We are of the opinion that the words \u201cRisser & Rabinowitz, Inc.\u201d in the indictment are sufficient to show that the ownership of the property was in a corporation capable of owning property and was a sufficient allegation of ownership to enable plaintiffs in error to plead either a former acquittal or conviction.\nThe poultry house in question was burglarized and Lawrence Kleiner was arrested therefor, and later, upon his statements to the officers, plaintiffs in error were arrested. The incriminating evidence against plaintiffs in error consists entirely of the testimony of Kleiner and what is called an admission by one of the plaintiffs in error out of the presence of the other, alleged to have been made to the officers who arrested him, at a time when he denied his guilt. Plaintiffs in error both testified denying their guilt and called three apparently disinterested witnesses who testified to the presence of plaintiffs in error elsewhere at the time of the commission of the burglary and larceny. Kleiner, after his arrest, had worked at times for the man in charge of the poultry house burglarized, and before testifying had been told by him that if he told the whole truth his release on probation would be recommended. He was not tried with plaintiffs in error.\nPlaintiffs in error earnestly contend that the evidence in the case is not sufficient to show their guilt beyond a reasonable doubt. As this case must be reversed for the giving of improper instructions we do not deem it proper to pass upon this question.\nAt the request of the State the court gave to the jury the following instruction:\n\u201cThe court instructs the jury that under the laws of the State of Illinois a defendant may be convicted upon the uncorroborated testimony of an accomplice; and if the jury believe from the evidence in this case, beyond a reasonable doubt, that the testimony given by the witness Lawrence Kleiner is true, then they can act upon the same as true. The testimony of an accomplice, like all other evidence in the case, is for the jury to pass upon. The jury is further instructed that the witness Lawrence Kleiner is an accomplice in this case.\u201d\nThis instruction was erroneous in telling the jury that \u201cKleiner is an accomplice in this case.\u201d \u201cThis case\u201d was the trial of plaintiffs in error, and not of some other person, for the burglary and larceny. While Kleiner may have been the accomplice of some person or persons in the commission of the crime, it was a material question of fact for the jury to determine whether or not he was an accomplice \u201cin this case.\u201d The use of this language was equivalent to an expression of an opinion by the court on the most vital question in the case. The instruction is also erroneous in not stating the law correctly. The jury are not to pass upon the testimony of an accomplice \u201clike all other evidence in the case,\u201d but they are to consider it as subject to grave suspicion and must act upon it with great caution. It should be carefully considered by the jury in the light of all the other evidence in the case and the influence under which the testimony is given and whether the purpose of the witness is to shield himself from punishment or obtain some benefit for himself. It is only when the jury are satisfied from the testimony of an accomplice and from all the circumstances in evidence that the guilt of the defendant is shown beyond a reasonable doubt that they will be warranted in convicting defendant on such testimony. (People v. Rongetti, 338 Ill. 56; People v. Elmore, 318 id. 276; People v. Harvey, 321 id. 361; People v. Johnson, 314 id. 486; People v. Aiello, 302 id. 518.) Instruction No. 1 given for the State was upon the same subject and was also subject to this objection.\nThe judgment of the circuit court is reversed and the cause remanded.\nReversed and remanded.", "type": "majority", "author": "Mr. Justice Heard" } ], "attorneys": [ "K. C. Ronalds, for plaintiffs in error.", "Oscar E. Carlstrom, Attorney General, William Denton, State\u2019s Attorney, and S. S. DuHamel, for the People." ], "corrections": "", "head_matter": "(No. 20361.\nThe People of the State of Illinois, Defendant in Error, vs. George Smith et al. Plaintiffs in Error.\nOpinion filed February 18, 1931.\nK. C. Ronalds, for plaintiffs in error.\nOscar E. Carlstrom, Attorney General, William Denton, State\u2019s Attorney, and S. S. DuHamel, for the People." }, "file_name": "0600-01", "first_page_order": 600, "last_page_order": 604 }