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Day v. People

Jacob Day v. The People of the State of Illinois

Day v. People, 76 Ill. 380 (1875)
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Court
Illinois Supreme Court · State Highest Courts
Decided
January 15, 1875
Citations
76 Ill. 380
Syllabus
Vebdict—in criminal case—must specify counts on which defendant is found guilty. Where a defendant in a criminal case is found guilty of less than the whole number of the counts in the indictment, without specifying which counts, it will be error to render judgment on the verdict. The verdict in such case should specify the counts upon which the defendant is found guilty.
Summary
Writ of error to the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was an indictment against Jacob Day, for selling intoxicating liquor to a person in the habit of getting intoxicated. .

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam : This was an indictment containing twenty counts. The verdict was: “We, the jury, find the defendant guilty on ten counts,” on which the court rendered consecutive judgments. This was error. The verdict should have specified the counts on which they found the defendant guilty. The People ex rel. v. Whitson, 74 Ill. -. It was impossible to know, from the verdict, on which counts the jury found defendant guilty, and on which he was acquitted. Judgment reversed and cause remanded.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11908: 11910: 11925: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. State v. Pierce37 S.W. 815 (Mo. 1896)
  2. Parham v. State60 S.E. 123 (Ga. Ct. App. 1908)
  3. State v. Standley132 S.W. 1122 (Mo. 1910)
  4. Dehoff v. State149 N.E. 347 (Ind. 1925)

Most recent

  1. Dehoff v. State149 N.E. 347 (Ind. 1925)
  2. State v. Standley132 S.W. 1122 (Mo. 1910)
  3. Parham v. State60 S.E. 123 (Ga. Ct. App. 1908)
  4. State v. Pierce37 S.W. 815 (Mo. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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