People v. Robinson

• Decision Date: 12 December 1939
• Docket Number: No. 25223.,25223.
• Citation: People v. Robinson, 372 Ill. 503, 24 N.E.2d 376 (Ill. 1939)
• Parties: PEOPLE v. ROBINSON et al.
• Court: Illinois Supreme Court

372 Ill. 503

24 N.E.2d 376

PEOPLE

v.ROBINSON et al.

No. 25223.

Supreme Court of Illinois.

Dec. 12, 1939.

Error to Criminal Court, Cook County; Benjamin P. Epstein, Judge.

Henry Robinson and others were indicted on a charge of conspiracy and to review a judgment sustaining a motion to quash, the People bring error.

Reversed and remanded with directions.John E. Cassidy, Atty. Gen., Thomas J. Courtney, State's Atty. of Chicago, and A. B. Dennis, of Springfield (Edward E. Wilson, John T. Gallagher, Blair L. Varnes, and Melvin S. Rembe, all of Chicago, of counsel), for plaintiff in error.

No brief for defendant in error.

STONE, Justice.

Defendants in error were indicted in the criminal court of Cook county on a charge of conspiracy to administer a certain drug called sulphonol to certain race-horses prior to a race to be held the same day at a licensed race track.It is charged that these horses were entered as contestants and that defendants in error, when they so conspired, knew the drug to be administered was a depressant.The counts charged conspiracy to administer this drug to different horses.Defendants in error filed a motion to quash, which was granted, and the people have sued out this writ of error under the statute in such case made and provided.

The ground upon which the motion to quash was based is that the statute under which the indictment was drawn is ambiguous, incomplete and illiterate; that it fails to define a criminal offense, and that the statute is invalid and unconstitutional because the provisions of the amendatory act are not included within the title of the original act nor in the amendments to the title of the original act.The title of the act, so far as pertinent here is: ‘An Act to provide for regulate and license horse racing and horse race meetings in the State of Illinois and all participants therein; * * * and to provide penalties for the violation thereof.’Ill.Rev. Stat. 1939, chap. 8, § 37a et seq., p. 171.Section 8a of this act, Ill.Rev.Stat.1939, chap. 8, § 37hl, p. 176, under which the indictment was drawn, reads, in part, as follows:

‘1.Whoever administers or conspires to administer to any horse a drug or stimulant or depressant internally, externally or by hypodermic method in a race or prior thereto, or

‘2.Whoever shall use or conspire to use any battery, buzzer, electrical, mechanical or other appliances other than the ordinary whip or spur for the purpose of stimulating or depressing a horse or affecting its speed in a race or workout or at any time, or

‘3.Whoever sponges a horse's nostrils or wind-pipe or uses any method injurious or otherwise for the purpose of stimulating or depressing a horse or affecting its speed in a race or a workout at any time, or

‘4.Whoever shall have in his possession within the confines of a race track, stables, sheds, buildings or grounds or within the confines of a stable, sheds, buildings, or grounds where horses are kept which are eligible to race over the race track of any Racing Association or Licensee, any drug or medicine or stimulant or depressant or battery or buzzer, electrical, mechanical or other appliances other than the ordinary whip or spur which may or can be used for the purpose of stimulating or depressing a horse or affecting its speed at any time, or whoever shall have in his possession with the intent to sell, give away or exchange, any of such instrumentalities, provided further that such possession by anyone within the confines of a race track, stables, sheds, buildings or grounds where horses are kept which are eligible to race over the race...