Truitt v. People

Citations

• 88 Ill. 518

Syllabus

<p>1. Criminal law—what record of conviction of misdemeanor should show. It is not necessary that, in records of convictions on prosecutions before justices of the peace, there should be that technical precision required in records of convictions on prosecutions originating in the circuit court; still, there should be enough to show with reasonable certainty that that of which the party is convicted is an offense under the law, and one of which a justice of the peace has jurisdiction.</p> <p>2. Arrest of judgment—when conviction is for no offense over which the court has jurisdiction. In a prosecution before a justice of the peace, where the affidavit charges the defendant with “ keeping a common gaming table without a license for the same,” and the warrant recites the charge as stated in the affidavit, and the defendant is convicted, and appeals to the circuit court, and upon trial there, the verdict of the jury is, that he is guilty as charged in the indictment, and it does not appear that the defendant was tried upon any other charge than that named in the affidavit, judgment should be arrested, as no criminal offense is charged over which a justice of the peace has jurisdiction.</p> <p>3. Amendment—in prosecution commenced by affidavit. In all prosecutions commenced by affidavit before justices of the peace, the affidavit is amendable.</p>