Wallace v. People of State
| Court | Illinois Supreme Court |
| Writing for the Court | Per CURIAM |
| Citation | Wallace v. People of State , 63 Ill. 451, 1872 WL 8211 (Ill. 1872) |
| Decision Date | 30 June 1872 |
| Parties | MICHAEL WALLACEv.THE PEOPLE OF THE STATE OF ILLINOIS. |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Perry county; the Hon. M. C. CRAWFORD, Judge, presiding.
Mr. EDWARD V. PIERCE, for the plaintiff in error.
At the May term, 1871, of the Perry county circuit court, the plaintiff in error was indicted for the crime of larceny. The indictment contains but a single count, in which it is charged that the property alleged to have been stolen was the property of the “American Merchants' Union Express Company.”
A motion was entered to quash the indictment, which motion the circuit court overruled. A trial was subsequently had, and the plaintiff in error was found guilty, and thereupon he entered a motion in arrest of judgment, which was also overruled.
The rulings of the court on these motions are now assigned for error.
We are of opinion that the ownership of the property is defectively stated.
It is not averred that the American Merchants' Union Express Company is a corporation.
The rule seems to be well settled that property, vested in a body of persons, ought not to be laid as the property of that body unless such body is incorporated, but should be described as...
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