Swartzbaugh v. People

Citations

• 85 Ill. 457

Syllabus

<p>1. Indictment for hilling, wounding, etc., domestic animals. An indict, meat for malicious mischief in wounding horses, is not bad because it fails to aver that the horses were domestic animals.</p> <p>2. Same—negativing proviso. An indictment under sec. 203 of the Criminal Code, for wounding, etc., of horses, need not negative the proviso by stating that they were not so wounded, maimed and disfigured by the defendant’s putting out poison to destroy sheep-killing dogs. Had the charge</p> <p>heen in respect to dogs, it seems it would have been necessary to negative the proviso.</p> <p>3. Cottvehikq- order—should appear in the record. If the transcript of the record in a criminal case fails to show any convening order of the court at the term the defendant is tried, the judgment of conviction will he reversed. It is not enough that the clerk states there was such a term.</p>