Harbaugh v. City of Monmouth

Citations

• 74 Ill. 367

Syllabus

<p>1. City ordinance — effect of exceeding authority conferred by charter. Even if a city ordinance prohibiting sales of intoxicating liquors, embraces a class of sales which the city has no power to prohibit, it may still bé enforced as to such sales as the city does possess the power to prohibit.</p> <p>2. Exception—when it must be taken. When the record does not show that exception was taken to the giving of instructions in the court below, such objections come too late, and cannot be considered when made in this court for the first time.</p> <p>3. Evidence — in prosecution for selling liquor. Under an ordinance prohibiting the sale of intoxicating liquors, except for certain purposes, it is not incumbent on the prosecution to prove that the sale complained of was not for the excepted purposes, but when a sale is proved, the burden of proof is on the defendant to show that such sale was lawful.</p> <p>4. Variance — between complaint and the proofs, before justice of the peace, not material. On the trial of an appeal from a judgment of a justice of the peace, upon a prosecution for violating a city ordinance, it is not a matter of any consequence whether the original complaint is technically correct or not, the only question being whether the ordinance was violated or not, without regard to whether the evidence corresponds with the complaint.</p>