City of Chicago v. Terminiello, No. 29745.

CourtSupreme Court of Illinois
Writing for the CourtSTONE
Citation71 N.E.2d 2,396 Ill. 41
PartiesCITY OF CHICAGO v. TERMINIELLO.
Docket NumberNo. 29745.
Decision Date22 January 1947

396 Ill. 41
71 N.E.2d 2

CITY OF CHICAGO
v.
TERMINIELLO.

No. 29745.

Supreme Court of Illinois.

Jan. 22, 1947.


Appeal from Municipal Court of Chicago; John V. McCormick, Judge.

Arthur Terminiello was found guilty of violating an ordinance of the City of Chicago by making an improper noise or diversion tending to a breach of the peace, and he appeals directly to the Supreme Court.

Cause transferred.

[71 N.E.2d 3]

Maximilian J. St. George and Albert W. Dilling, both of Chicago, for appellant.

Barnet Hodes, of Chicago, Corporation Counsel (J. Herzl Segal, A. A. Pantelis and Harry A. Iseberg, all of Chicago, of counsel), for appellee.


STONE, Justice.

This is a direct appeal from a judgment of the municipal court of Chicago entered upon a verdict of a jury finding appellant guilty of violating subsection 1 of section 1 of chapter 193 of the Revised Code of 1939, as amended, of the ordinances of the city of Chicago, in that he ‘did make or aid in making an improper noise or diversion tending to a breach of the peace within the limits of the city (Chicago) in violation of’ the above ordinance. The charge grew out of a meeting at a women's clubhouse in the city of Chicago where appellant was the speaker. A large crowd gathered inside the hall and a large one outside. A great deal of confusion occurred at the hall, principally from outside the building.

Appellant argues here that the trial court should have directed a verdict of not guilty. He does not specifically contend that the ordinance is unconstitutional but argues that it was a violation of his rights under the constitution to charge him with violating it, and also says he did not violate it. His direct appeal to this court is apparently on the ground that a constitutional question is involved.

He was charged with violating an ordinance and the trial court sustained the verdict of guilty returned by the jury. Appellant complaints either of an invalid ordinance or of the verdict finding him guilty of violating a valid ordinance. The trial court, in allowing an appeal to this court, filed no certificate that the validity of an ordinance is involved and that the public interest requires that an appeal be taken directly to this court. Where the validity of an ordinance is involved, subsection (1) of section 75 of the Civil Practice Act, Ill.Rev.Stat. 1945, chap. 110, par. 199(1), requires such a certificate to confer jurisdiction on this court on direct appeal, in the absence of a bona fide constitutional...

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10 practice notes
  • City of Chicago v. Terminiello, Gen. No. 44062.
    • United States
    • United States Appellate Court of Illinois
    • June 25, 1947
    ...tending to a breach of the peace, and he appealed directly to the Supreme Court, which transferred the cause to the Appellate Court, 396 Ill. 41, 71 N.E.2d 2. Affirmed. [74 N.E.2d 46]Maximilian J. St. George and Albert W. Dilling, both of Chicago, for appellant.Barnet Hodes, J. Herzl Segal,......
  • Terminiello v. City of Chicago, No. 272
    • United States
    • United States Supreme Court
    • May 16, 1949
    ...The judgment of conviction was affirmed by the Illinois Appellate Court, 332 Ill.App. 17, 74 N.E.2d 45, and by the Illinois Supreme Court. 396 Ill. 41, 71 N.E.2d 2, 400 Ill. 23, 79 N.E.2d 39. The case is here on a petition for certiorari which we granted because of the importance of the que......
  • City of Chicago v. Terminiello, No. 30365.
    • United States
    • Illinois Supreme Court
    • May 13, 1948
    ...by Appellate Court for the First District, 332 Ill.App. 17, 74 N.E.2d 45, after transfer of direct appeal by Supreme Court, 396 Ill. 441,71 N.E.2d 2, and the defendant appeals by permission. Affirmed. [79 N.E.2d 40]Maximilian J. St. George and Albert W. Dilling, both of Chicago, for appella......
  • Vill. of Riverside v. Kuhne, No. 29846.
    • United States
    • Supreme Court of Illinois
    • May 22, 1947
    ...constitutional question within the meaning of the statute which authorizes appeals direct to this court. City of Chicago v. Terminiello, 396 Ill. 41, 71 N.E.2d 2;Chapralis v. City of Chicago, 389 Ill. 269, 59 N.E.2d 641;De La Cour v. De La Cour, 363 Ill. 545, 2 N.E.2d 896. The trial judge f......
  • Request a trial to view additional results
10 cases
  • City of Chicago v. Terminiello, Gen. No. 44062.
    • United States
    • United States Appellate Court of Illinois
    • June 25, 1947
    ...tending to a breach of the peace, and he appealed directly to the Supreme Court, which transferred the cause to the Appellate Court, 396 Ill. 41, 71 N.E.2d 2. Affirmed. [74 N.E.2d 46]Maximilian J. St. George and Albert W. Dilling, both of Chicago, for appellant.Barnet Hodes, J. Herzl Segal,......
  • Terminiello v. City of Chicago, No. 272
    • United States
    • United States Supreme Court
    • May 16, 1949
    ...The judgment of conviction was affirmed by the Illinois Appellate Court, 332 Ill.App. 17, 74 N.E.2d 45, and by the Illinois Supreme Court. 396 Ill. 41, 71 N.E.2d 2, 400 Ill. 23, 79 N.E.2d 39. The case is here on a petition for certiorari which we granted because of the importance of the que......
  • City of Chicago v. Terminiello, No. 30365.
    • United States
    • Illinois Supreme Court
    • May 13, 1948
    ...by Appellate Court for the First District, 332 Ill.App. 17, 74 N.E.2d 45, after transfer of direct appeal by Supreme Court, 396 Ill. 441,71 N.E.2d 2, and the defendant appeals by permission. Affirmed. [79 N.E.2d 40]Maximilian J. St. George and Albert W. Dilling, both of Chicago, for appella......
  • Vill. of Riverside v. Kuhne, No. 29846.
    • United States
    • Supreme Court of Illinois
    • May 22, 1947
    ...constitutional question within the meaning of the statute which authorizes appeals direct to this court. City of Chicago v. Terminiello, 396 Ill. 41, 71 N.E.2d 2;Chapralis v. City of Chicago, 389 Ill. 269, 59 N.E.2d 641;De La Cour v. De La Cour, 363 Ill. 545, 2 N.E.2d 896. The trial judge f......
  • Request a trial to view additional results

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