{
  "id": 2671599,
  "name": "Matthew Teerney v. The People of the State of Illinois",
  "name_abbreviation": "Teerney v. People",
  "decision_date": "1876-01",
  "docket_number": "",
  "first_page": "411",
  "last_page": "413",
  "citations": [
    {
      "type": "official",
      "cite": "81 Ill. 411"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "38 Ill. 528",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": 0
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    {
      "cite": "78 Ill. 294",
      "category": "reporters:state",
      "reporter": "Ill.",
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        "/ill/78/0294-01"
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    {
      "cite": "74 Ill. 20",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2705219
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      "opinion_index": 0,
      "case_paths": [
        "/ill/74/0020-01"
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    {
      "cite": "41 Ill. 236",
      "category": "reporters:state",
      "reporter": "Ill.",
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        5217950
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/41/0236-01"
      ]
    },
    {
      "cite": "19 Ill. 598",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        441677
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/19/0598-01"
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  "last_updated": "2023-07-14T17:06:43.418924+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Matthew Teerney v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Sheldon\ndelivered the opinion of the Court:\nThis was an indictment against the plaintiff in error, for selling intoxicating liquor without having a license to keep a grocery.\nThe defendant was convicted and fined $20, and sentenced to ten days imprisonment in the county jail under each of the twelve counts in the indictment.\nVarious objections are urged, none of which do we find sufficient to cause a reversal of the judgment.\nWe find no error in the instructions, and that the evidence was sufficient to sustain the verdict.\nThere is some obscurity in the language used in the 4th, 5th and 6th counts, occasioned by the words \u201c intoxicating\u201d and \u201cliquors,\u201d being separated by other words thrown.in, it would seem, parenthetically. But it appears with reasonable certainty what the offense charged was\u2014that it was for selling intoxicating liquors without license, in violation of the statute.\nIt is unnecessary that the order calling a special term of the circuit court should be set out in the record. Unless the contrary expressly appears, the presumption of law is in favor of the regularity of the term. Cook v. Renick, 19 Ill. 598.\nIt is claimed there is an uncertainty in the judgment, owing to the irregular mode of numbering the counts. The first six counts are regularly numbered in numerical order. The last six counts, instead of being numbered continuously on, are numbered in the same manner as the first six, making the highest number employed that- of 6, the two series of counts bearing the same numbers. The numerals which happen to have been placed before the counts, are not to be regarded, but the reference to the numbers of the counts in the judgment are to be taken as referring to the counts in the order in which they appear in the record or indictment.\nThe judgment upon each count is clearly several, (Borschenious v. The People, 41 Ill. 236,) and does not come within the case of The People v. Whitson, 74 Ill. 20.\nThe objection that no greater punishment than $100 fine and 30 days imprisonment can be inflicted in any one prosecution, under the statute, was considered and disposed of adversely to the objection, in Kroer v. The People, 78 Ill. 294. Although that case arose under a different statute, the principle of the decision applies here, and it meets fully the argument which is here employed.\nThe record sufficiently shows the organization of the court and the presence of the judge and officers of the court. Yates v. The People, 38 Ill. 528.\nThe judgment will he affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Sheldon"
      }
    ],
    "attorneys": [
      "Messrs. Somers & Wright, for the plaintiff in error.",
      "Mr. James K. Edsall, Attorney General, for the People."
    ],
    "corrections": "",
    "head_matter": "Matthew Teerney v. The People of the State of Illinois.\n1. Practice\u2014special term of court. It is not necessary that the order calling a special term of court should be set out in the record. Unless the contrary expressly appears, the presumption of law is in favor of the regularity of the term.\n2. Criminal law\u2014several counts in an indictment. Where there are several counts in an indictment, a portion of which are regularly numbered by having numerals prefixed to them, and others have the same numerals prefixed, and the judgment refers to the counts by their numbers, it is to be taken as referring to them in the order in which they appear in the record or indictment, without reference to the numerals that may be prefixed to them.\nWrit of Error to the Circuit Court of Champaign county; the Hon. J. C. Allen, Judge, presiding.\nMessrs. Somers & Wright, for the plaintiff in error.\nMr. James K. Edsall, Attorney General, for the People."
  },
  "file_name": "0411-01",
  "first_page_order": 411,
  "last_page_order": 413
}