People v. Rallo, 13268.
| Decision Date | 16 June 1920 |
| Docket Number | No. 13268.,13268. |
| Citation | 127 N.E. 715,293 Ill. 304 |
| Parties | PEOPLE v. RALLO. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Criminal Court, Cook County; Theodore Brentano, Judge.
Guiseppi Rallo was convicted of obtaining money by means of the confidence game, and brings error.
Reversed.
Francis Borrelli, of Chicago, for plaintiff in error.
Edward J. Brundage, Atty. Gen., Maclay Hoyne, State's Atty., of Chicago, and Noah C. Bainum, of Springfield (Edward E. Wilson and Lloyd Heth, both of Chicago, of counsel), for the People.
The grand jury of Cook county presented an indictment against Guiseppe Rallo in three counts, charging him, respectively, with robbery, obtaining money by means of the confidence game, and larceny. The victim of the crime named in each count was Anna Zek. A trial resulted in a verdict finding the defendant guilty on the count charging obtaining money by means of the confidence game. He was sentenced to the penitentiary, and has sued out a writ of error.
The evidence relied upon by the prosecution to sustain the conviction is the testimony of Anna Zek. She testified, in substance, that she was a married woman living with her husband in Gary, Ind.; that she knew the plaintiff in error, who drove a jitney bus and passed her house frequently. He would stop to get a drink of water or ask for flowers, and she saw him almost daily. About a year before the occurrences on which the indictment was based he asked her to get a divorce and marry him, but she refused. He repeated this request, but she constantly refused. She and her husband sold a house, which they owned jointly, in September, 1917, for $4,800. They kept the money in their house under the stove. The plaintiff in error asked her how much money she had saved, but she never told him until about two weeks before February 3, 1918, when she told him she had over $4,000. The plaintiff in error asked her to go to Chicago with him, so that he could start a business; but she suspected he wanted her money, and said he might catch her and take the money away. He told her he would never take the money away from her, and on February 3, 1918, prevailed upon her to go to Chicago with him. She took the money, amounting to $4,070 with her, wrapped up in a handkerchief, and carried in her bosom. They arrived in Chicago in the afternoon and went to a hotel, where they got a room and slept together. Between 4 and 5 o'clock the plaintiff in error got up and dressed himself, saying he was going back to Gary, so that no one would know they came away...
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