Mapes v. People

Citations

• 69 Ill. 523

Syllabus

<p>1. Cbimibal law—technical objections not favored. When the charge against, a party in an indictment is so plainly stated that he may know how to make his defense, and the jury may readily understand the nature of the accusation, the trial ought to be conducted solely with a view to determine whether the accused is guilty or innocent. This court is not inclined to regard with favor mere trivial objections interposed for no other purpose than to obstruct the administration of justice.</p> <p>2. Spirituous liquor—indictment for selling to one in the habit of becoming intoxicated. An indictment which charged that the defendant “on, etc., at, etc., intoxicating liquors to one O D, a person then in the habit of getting intoxicated, unlawfully did then and there sell, contrary to the form of the statute,” etc., was held sufficient. It is not necessary to aver that the defendant knew of the habits of the person to whom the liquor was sold. The sale is made at the peril of the party selling.</p> <p>3. Same—sufficiency and competency of proof. On the trial of one for selling intoxicating liquor to a person in the habit of getting intoxicated, it is competent to prove by witnesses that they have frequently seen such person under the influence of intoxicating liquor; and proof that such person was in the habit of using such liquor intemperately, is sufficient proof that he is in the habit of getting intoxicated.</p> <p>4. Jury—challenge as to mode of drawing. Where the office of county clerk was divided in a county, the fact that the person acting as county clerk for mere county matters, assisted in the drawing of a jury, instead of the clerk who attended to the business of the court in probate and other matters, was regarded as no ground for a challenge to the array, he. being defacto a county clerk, and the objection was considered trivial.</p> <p>5. Officer— acts of, binding. An officer de facto is one who has the reputation of being the officer he assumes to be, in the e