Fant v. People

Citations

• 45 Ill. 259

Syllabus

<p>1. Keeping open a tippling house on the Sabbath day—construction of the statute—indictment. In an indictment under the 127th section of the Criminal Code, “for keeping open a tippling house on the Sabhath day,” it is unnecessary and surplusage to aver that it was kept open “ to the encouragement of idleness, gaming, drinking and other misbehavior,” etc.</p> <p>2. The 127th section of the Criminal Code embraces several distinct offenses. The first is open lewdness, or other notorious acts of public indecency, tending to debauch the public morals. The second is keeping open any tippling house on the Sabbath day or night. The third is in maintaining or keeping a lewd house, or place for the practice of fornication. And the fourth is in keeping a common, ill-governed and disorderly house, to the encouragement of idleness, gaming, drinking, fornication, or other misbehavior. The first three of these offenses are complete when the acts prohibited by the statute have been performed, without alleging or proving that it was to the “ encouragement of idleness, gaming, drinking, fornication or other misbehavior.”</p> <p>3. Tippling house — what constitutes. To keep open a tippling house, it is necessary, as one of the ingredients of the offense, that liquor should he sold or drank.</p> <p>4. Juiusdiction—concurrent under the State law and under city ordinance. The fact, that under the charter of a city an offense had been prohibited by ordinance, and that the accused could have been prosecuted for a violation of the ordinance, forms no defense to a prosecution under the State laws.</p>