Turner v. People

Appellate Court of Illinois

Turner v. People

40 Ill. App. 17, 1891 Ill. App. LEXIS 8

DecidedSeptember 11, 1891

StatusPublished

This text of 40 Ill. App. 17 (Turner v. People) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Turner v. People, 40 Ill. App. 17, 1891 Ill. App. LEXIS 8 (Ill. Ct. App. 1891).

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Opinion

Sample, J.

An information was filed against the appellants under the names of J. B. Turner Jr., and O. W. Turner. They filed a plea of misnomer in abatement, in proper form, averring that they were baptized in the name of Charles W. Turner and James B. Turner, and since that time have hitherto been so called and known. The court, on motion of the State’s attorney, struck the plea from the files, to which appellants excepted. The case proceeded to trial and appellants were convicted. The motion for a new trial was overruled and judgment for a fine entered, from which this appeal is prosecuted. The only error discussed is the action of the court in striking the plea of misnomer from the files. This action of the court was error.

The appellants were entitled to have an issue formed and tried on their plea. Amann v. People, 76 Ill. 188. The plea of not guilty does not allow a defendant in a criminal case to prove matters merely in abatement. Hawkins v. People, 106 Ill. 628. It is well settled that in criminal proceedings the indictment must state the Christian names, if known, and if not known that fact should be averred. Willis v. People, 1 Scam. 399; 1 Chitty Cr. L. p. 447. For the reasons stated we are constrained to reverse and remand this cause.

Reversed and remanded.

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Sample, J.

An information was filed against the appellants under the names of J. B. Turner Jr., and O. W. Turner. They filed a plea of misnomer in abatement, in proper form, averring that they were baptized in the name of Charles W. Turner and James B. Turner, and since that time have hitherto been so called and known. The court, on motion of the State’s attorney, struck the plea from the files, to which appellants excepted. The case proceeded to trial and appellants were convicted. The motion for a new trial was overruled and judgment for a fine entered, from which this appeal is prosecuted. The only error discussed is the action of the court in striking the plea of misnomer from the files. This action of the court was error.

The appellants were entitled to have an issue formed and tried on their plea. Amann v. People, 76 Ill. 188. The plea of not guilty does not allow a defendant in a criminal case to prove matters merely in abatement. Hawkins v. People, 106 Ill. 628. It is well settled that in criminal proceedings the indictment must state the Christian names, if known, and if not known that fact should be averred. Willis v. People, 1 Scam. 399; 1 Chitty Cr. L. p. 447. For the reasons stated we are constrained to reverse and remand this cause.

Reversed and remanded.

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40 Ill. App. 17, 1891 Ill. App. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-people-illappct-1891.

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