{
  "id": 5279713,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Harry Specter, Plaintiff in Error",
  "name_abbreviation": "People v. Specter",
  "decision_date": "1934-12-18",
  "docket_number": "No. 22604",
  "first_page": "523",
  "last_page": "524",
  "citations": [
    {
      "type": "official",
      "cite": "358 Ill. 523"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "70 Ill. 318",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5308744
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/70/0318-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.744,
    "pagerank": {
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    "simhash": "1:a2548339cb1ebb99",
    "word_count": 516
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  "last_updated": "2023-07-14T16:44:46.563568+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. Harry Specter, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Shaw\ndelivered the opinion of the court:\nPlaintiff in error was indicted in the criminal court of Cook county for malicious michief, under paragraph 425 of the Criminal Code, (Smith\u2019s Stat. 1933, p. 1062,) which provides as follows: \u201cWhoever willfully and maliciously destroys, injures or defaces any building or fixture attached thereto, without consent of the owner, or destroys, injures or secretes any goods or chattels of another, shall be imprisoned in the penitentiary not less than one or more than ten years,\u201d etc. The indictment charged that the defendant feloniously, unlawfully, willfully, mischievously and maliciously injured a certain building (which was a vacant apartment building) by tearing out sinks, lavatory-bowls, bath-tubs and lead pipe, \u201cwithout then and there having the consent of Robert Reilly and Ollie Reilly, co-owners,\u201d etc. No motion to quash the indictment was interposed and the defendant was tried and convicted. Thereafter, by motion in arrest of judgment, he questioned the sufficiency of the indictment, contending that it does not sufficiently charge the commission of a crime. His motion in arrest having been overruled and he having been sentenced, this writ of error is sued out to review the judgment of the criminal court of Cook county.\nThe common law record, only, is before us for review, and the only contention presented in connection therewith is that above indicated.\nIt is argued on behalf of plaintiff in error that the indictment is defective in that it should have been in the disjunctive as to the owners of the building, it being asserted that the consent of either one of the co-owners would have been sufficient justification for the acts complained of. It is argued that from all that may be learned from an inspection of the indictment the defendant might have been a plumber working on the premises, having the order or consent of one of the owners. This argument is entirely without weight. In the case of Murray v. Haverty, 70 Ill. 318, decided in 1873, it was held that in an action of trespass by several tenants in common of land, a plea that defendant entered under license of one of them was not sufficient. This is in accordance with the common law, (4 Kent\u2019s Com. 368,) and from this rule we know of no departure. As to plaintiff\u2019s assumption that from all that appears in the indictment he might have been a plumber working in the building, it is a sufficient answer to point out that the indictment charged the acts to have been done feloniously, unlawfully, willfully, mischievously and maliciously.\nWe find the indictment sufficient, and as there is no other error assigned or complained of, the judgment of the criminal court of Cook county will be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Shaw"
      }
    ],
    "attorneys": [
      "S. B. McDonnell, Jr., for plaintiff in error.",
      "Otto KernER, Attorney General, Thomas J. Courtney, State\u2019s Attorney, and J. J. Neiger, (Edward E. Wilson, and Henry E. Seyearth, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 22604.\nThe People of the State of Illinois, Defendant in Error, vs. Harry Specter, Plaintiff in Error.\nOpinion filed December 18, 1934\nS. B. McDonnell, Jr., for plaintiff in error.\nOtto KernER, Attorney General, Thomas J. Courtney, State\u2019s Attorney, and J. J. Neiger, (Edward E. Wilson, and Henry E. Seyearth, of counsel,) for the People."
  },
  "file_name": "0523-01",
  "first_page_order": 523,
  "last_page_order": 524
}