Rice v. People

Citations

• 38 Ill. 435

Syllabus

<p>1. Pleading—in criminal cases—indictment ¡for selling liquor without license. It is not necessary, in an indictment for selling liquor without a license, to give the name of the party to whom the liquor was sold, nor to aver that the name of the purchaser was to the jury unknown.</p> <p>2. Venue—in criminal cases—must be proved. Where the record brought to this court, on writ of error, in a criminal case, purports to contain all the evidence given on the trial below, it must appear affirmatively, from the evidence, that the offense charged was committed in the county alleged in the indictment. Otherwise a judgment of conviction will be reversed.</p> <p>3. Instructions'—should be based on the evidence. It is proper to refuse an instruction when there is no evidence on which to base it.</p>