{
  "id": 2609629,
  "name": "Andrew Anderson v. The People of the State of Illinois",
  "name_abbreviation": "Anderson v. People",
  "decision_date": "1872-01",
  "docket_number": "",
  "first_page": "53",
  "last_page": "54",
  "citations": [
    {
      "type": "official",
      "cite": "63 Ill. 53"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T19:30:19.405961+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Andrew Anderson v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Lawrence\ndelivered the opinion of the Court:\nThis was an indictment for selling liquor without a license, on which the defendant was convicted.\nThe statute provides that every person not having a legal license to keep a grocery, who shall barter, sell, exchange, or otherwise dispose of, for his gain or benefit, any vinous, spirituous or mixed liquors, in less quantities than a gallon, or shall permit the same to be done on his premises, for his gain and benefit, shall forfeit, etc.\nIt is objected that the indictment does not aver that the defendant sold the liquor for his gain or benefit, or that he sold it upon his premises. Neither averment was necessary. The words \u201c for his gain or benefit,\u201d used in the statute, do not apply to the words \u201c barter, sell, exchange,\u201d but to the phrase \u201c otherwise dispose of,\u201d which immediately precedes the words in question, and is to be read in connection with them alone. So of the phrase \u201c on his premises.\u201d This has no application to the man who sells, but only to him who \u201c permits \u201d the sale. The construction in both these matters is so plain that discussion is unnecessary.\nThe instructions did not mislead, and the evidence sustains the verdict.\nThe judgment is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Chief Justice Lawrence"
      }
    ],
    "attorneys": [
      "Mr. M. D. Brown, for the plaintiff in error.",
      "Mr. Washington Bushnell, Attorney General, for the People."
    ],
    "corrections": "",
    "head_matter": "Andrew Anderson v. The People of the State of Illinois.\n1. Indictment\u2014selling liquor. Under the statute providing that every person not having a legal license to keep a grocery, who shall barter, sell, exchange or otherwise dispose of, for his gain or benefit, any vinous, spirituous or mixed liquors in less quantities than one gallon, or shall permit the same to be done on his premises, for his gain and benefit, shall forfeit, etc., objection was made to an indictment that it did not aver that the defendant sold the liquor for his gain or benefit, or that he sold it upon his premises: Held, that neither averment was necessary.\n2. Statute\u2014construction of. Under the above statute, the words \u201cfor his gain or benefit,\u201d do not apply to the words \u201cbarter, sell, exchange,\" but to the phrase \u201cotherwise dispose of,\u201d which immediately precedes the words in question, and is to be read in connection with them alone. So of the phrase \u201con his premises.\u201d This has no application to the man who sells\u00bb but only to him who \u201cpermits\u201d the sale.\nWrit op Error to the Circuit Court of Ford county; the Hon. A. J. Gallagher, Judge, presiding.\nMr. M. D. Brown, for the plaintiff in error.\nMr. Washington Bushnell, Attorney General, for the People."
  },
  "file_name": "0053-01",
  "first_page_order": 55,
  "last_page_order": 56
}