People v. Obermeyer

190 Ill. App. 514
Appellate Court of Illinois·Decided October 16, 1914·Published

Opinion

Mr. Justice Scholfield

delivered the opinion of the court.

Abstract of the Decision. 1. Intoxicating liquors, § 158*—when instruction erroneous as ignoring element of good faith. In the prosecution of a druggist for selling intoxicating liquor in anti-saloon territory, where the evidence showed that the alleged liquor was a compound containing a large percentage of alcohol, instructions given for the People ignoring the element of good faith on the part of defendant and therefore requiring a conviction though he sold the compound in good faith for medicinal purposes and not as a shift or device to evade the law, held erroneous. 2. Intoxicating liquors, § 158*—when instruction erroneous as assuming facts. In a prosecution of an indictment for selling intoxicating liquor in anti-saloon territory, an instruction is erroneous if it assumes the defendant sold such liquor in such territory. 3. Criminal law, § 308*—sufficiency of instruction. In a criminal case, an instruction directing the jury to find the defendant guilty without requiring the jury to find from the evidence beyond a reasonable doubt is erroneous.

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People v. Obermeyer, 190 Ill. App. 514 (Ill. Ct. App. 1914).

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