Juretich v. People
| Court | Supreme Court of Illinois |
| Writing for the Court | WILKIN |
| Citation | 223 Ill. 484,79 N.E. 181 |
| Parties | JURETICH v. PEOPLE. |
| Decision Date | 06 December 1906 |
223 Ill. 484
79 N.E. 181
JURETICH
v.
PEOPLE.
Supreme Court of Illinois.
Oct. 23, 1906.
Rehearing Denied December 6, 1906.
Error to Criminal Court, Cook County; George Kersten, Judge.
Joseph Juretich was convicted of obtaining money by means of the confidence game and he brings error. Affirmed.
[223 Ill. 485]Cantwell & Erbstein and Charles P. R. Macaulay, for plaintiff in error.
W. H. Stead, Atty. Gen., John J. Healy, State's Atty., John R. Newcomer, and F. L. Barnett, for the People.
WILKIN, J.
On November 15, 1904, the grand jury of Cook county returned an indictment against the plaintiff in error, Joseph Juretich, of two counts, the first charging him with obtaining money by means of the confidence game, and the second with obtaining money by false pretenses. A motion to quash the indictment was overruled, but the second count was dismissed, and upon a trial he was found guilty, and sentenced to the penitentiary. To reverse that judgment a writ of error has been prosecuted from this court.
It is insisted that, conceding the facts as proven upon the trial to be true, they do not constitute the offense of obtaining money by means of the confidence game; that the mere obtaining of money by a bogus check is not practicing the confidence game, within the meaning of the statute; that the gist of the offense is obtaining money by that kind of fraud commonly called the ‘confidence
[79 N.E. 182]
game,’ and that the use of a bogus check, or any other device, whatever it may [223 Ill. 486]be, is merely incidental to the crime; so that if money is obtained under circumstances that do not amount to what is commonly called the ‘confidence game,’ there can be no conviction of that offense, even though a bogus check be used. Section 98 of chapter 38 (Hurd's Rev. St. 1905, p. 692) provides that every person who shall obtain or attempt to obtain from any other person or persons any money or property by means or by use of any false or bogus check, or by any other means, instrument, or device commonly called the ‘confidence game,’ shall be imprisoned in the penitentiary not less than one nor more than ten years. This statute does not in specific terms define the confidence game, but merely provides that every person who shall obtain from any other person any money by means of any false or bogus check, commonly called the ‘confidence game,’ shall be guilty, etc. It assumes that what is commonly called the ‘confidence game’ is well understood. Acts which will constitute the practice of the confidence game have been before us on several occasions, and we have held that it includes any swindling operation in which advantage is taken of the confidence reposed by the victim in the swindler. It is very often practiced by the use of cards, dice, checks, or other means, instruments, or devices in which the victim gets nothing, but is simply swindled out of his money by some trick or device. Du Bois v. People, 200 Ill. 157, 65 N. E. 658,93 Am. St. Rep. 183;Graham v. People, 181 Ill. 477, 55 N. E. 179,47 L. R. A. 731;Maxwell v. People, 158 Ill. 248, 41 N. E. 995.
The evidence in this case shows that Juretich conducted a saloon in the city of Chicago, where he met one Frank Hawkins, and asked him if he thought he could raise some money. Hawkins replied that he was ready to try. Juretich then drew a check for $19.30, payable to James St. Clair, and without authority signed the name of Charles T. Woods to it, and indorsed it on the back with the name of St. Clair, the payee. He then gave it to Hawkins, with instructions to get it cashed. The latter tried at two or three places, but failed to get the money, and returned to plaintiff in error with [223 Ill. 487]the check. One Max Goldenberg kept a furniture store in the city, and had gone to school with Hawkins, who was known to him by the name of Wells. Among the customers of Goldenberg was a man named Richard Moore, who was indebted to him in the sum of $19.30, being a balance due for furniture purchased. Juretich knew that Moore was indebted to Goldenberg in this amount, as Mrs. Moore had tried to borrow money from him with which to pay the bill. Juretich asked Hawkins kins if he knew Goldenberg. Hawkins replied that he did, and Juretich then told him to take the check to Goldenberg, pay $4 on Moore's account, and get the balance in cash. Hawkins went to the store and presented the check, but the clerk or cashier refused to pay it without Goldenberg's directions, who finally did order her to credit the amount and pay the balance. Hawkins received $15.30 in cash, of which amount he gave Juretich $8.30 and kept the balance.
It is difficult to see how it can be successfully contended that these acts within our common knowledge do not amount to...
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People v. Brady, 9597.
...v. People, 223 Ill. 417, 79 N. E. 137, the charge was for obtaining a check for $200, which was a good description. In Juretich v. People, 223 Ill. 484, 79 N. E. 181, there was a charge of obtaining money by means of the confidence game in the first count, and in the second obtaining money ......
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Keller v. Safeway Stores, Inc., No. 8063.
...be contended that she was not charged with crime. It follows that the language used constituted slander per se. See Juretich v. People, 223 Ill. 484, 79 N.E. 181. Section 11411, supra, apparently was not considered by the federal court in determining this cause, but it did hold in its decis......
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Slansky v. State., No. 61.
...the statutory right of the jury to judge the law in Mullinix v. People, 76 Ill. 211; but in 1906 the Court said in Juretich v. People, 223 Ill. 484, 79 N.E. 181, 183: ‘The statute which makes the jury the judges of the law and the facts has been often severely criticized by the profession, ......
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People v. Weil
...obtained the money of Brabenec, for the purpose of showing [243 Ill. 214]guilty knowledge. Du Bois v. People, supra; Juretich v. People, 223 Ill. 484, 79 N. E. 181;Lipsey v. People, 227 Ill. 364, 81 N. E. 348;People v. Hagenow, 236 Ill. 514, 86 N. E. 370. It is also said the court improperl......
-
People v. Brady, 9597.
...v. People, 223 Ill. 417, 79 N. E. 137, the charge was for obtaining a check for $200, which was a good description. In Juretich v. People, 223 Ill. 484, 79 N. E. 181, there was a charge of obtaining money by means of the confidence game in the first count, and in the second obtaining money ......
-
Keller v. Safeway Stores, Inc., No. 8063.
...be contended that she was not charged with crime. It follows that the language used constituted slander per se. See Juretich v. People, 223 Ill. 484, 79 N.E. 181. Section 11411, supra, apparently was not considered by the federal court in determining this cause, but it did hold in its decis......
-
Slansky v. State., No. 61.
...the statutory right of the jury to judge the law in Mullinix v. People, 76 Ill. 211; but in 1906 the Court said in Juretich v. People, 223 Ill. 484, 79 N.E. 181, 183: ‘The statute which makes the jury the judges of the law and the facts has been often severely criticized by the profession, ......
-
People v. Weil
...obtained the money of Brabenec, for the purpose of showing [243 Ill. 214]guilty knowledge. Du Bois v. People, supra; Juretich v. People, 223 Ill. 484, 79 N. E. 181;Lipsey v. People, 227 Ill. 364, 81 N. E. 348;People v. Hagenow, 236 Ill. 514, 86 N. E. 370. It is also said the court improperl......