Ervington v. People
| Decision Date | 19 October 1899 |
| Citation | 54 N.E. 981,181 Ill. 408 |
| Parties | ERVINGTON v. PEOPLE. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to circuit court, Champaign county; Francis M. Wright, Judge.
Frank Ervington was convicted of an assault with intent to murder, and from the judgment he brings error. Reversed.
F. M. Green, for plaintiff in error.
A. J. Miller, State's Atty., and E. C. Akin, Atty. Gen., for the People.
The plaintiff in error, Frank Ervington, was indicted by the grand jury of Champaign county for an assault with intent to murder. The indictment contained two counts. In the first it was charged ‘that Frank Ervington, late of said county and state, on the tenth day of May, in the year of our Lord one thousand eight hundred and ninety-eight, at and in the county and state aforesaid, with a deadly weapon, a knife, which the said Frank Ervington held in his hand, did unlawfully and willfully make an assault in and upon John Scott, in the peace of the people then and there being, with an intent then and there unlawfully, willfully, and maliciously to murder him, the said John Scott, a human being, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Illinois.’ In the second count it was charged ‘that Frank Ervington, late of the county of Champaign and state aforesaid, on the tenth day of May, in the year of our Lord one thousand eight hundred and ninety-eight, at and in the county aforesaid, with a deadly weapon, a knife, which the said Frank Ervington held in his hand, did unlawfully and willfully make an assault in and upon John Scott, in the peace of the people then and there being, with an intent then and there unlawfully, willfully, and maliciously to murder him, the said John Scott, a human being, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the said people of the state of Illinois.’ On the trial the defendant was found guilty as charged in the indictment. The court overruled a motion for a new trial and in arrest of judgment, and sentenced the defendant to the penitentiary.
On the motion in arrest of judgment, the plaintiff in error assigned as a ground for the motion that the indictment, and each and every count therein, is insufficient in law, and fails to substantially charge the defendant with the crime of assault with intent to commit murder, in words sufficient in law. The specific objection urged to the indictment is that it contains no allegation that the assault upon John Scott was made feloniously. At an early day in this state the question presented arose in Curtis v. People, 1 Scam. 285, and the court held that in an indictment for...
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Bolen v. People
... ... Incest is a statutory offense, and not indictable otherwise.[184 Ill. 340]4 Bl. Comm. 64; 1 Bish. Cr. Law, 502. The rule, however, would be different where the offense was a felony at common law. Ervington v. People, 181 Ill. 408, 54 N. E. 981.On the trial the defendant entered a motion to restrict the people to the list of witnesses indorsed on the indictment. This motion was overruled, and witnesses not indorsed on the indictment were permitted to be called, sworn, and to testify. It is not error ... ...
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...20, 39 Am. Dec. 448; Archbold's Crim. Prac. & Plead. vol. 1, top p. 784, and foot notes; Cyc. vol. 22, p. 331, § 7; Ervington v. People, 54 N.E. 981, 181 Ill. 408; St. Clair v. United States, 154 U.S. 134, 14 S.Ct. 1002, 38 L.Ed. 936; Hall v. Com. (Ky.) 26 S.W. 8; State v. Clayton, 13 S.W. ......
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...The State, 7 Blackf. (Ind.) 20; Archibold Crim. Prac. & Plead., vol. 1, 784, and foot notes; Cyc. vol. 22, page 331, sec. 7; Ervington v. People (Ill.) 54 N.E. 981; St. Clair v. United States, 154 U.S. 134, 38 L. Ed. 936, 14 S. Ct. 1002; Hall v. Com. (Ky.) 26 S.W. 8; State v. Clayton, 13 S.......