Warriner v. People

Citations

• 74 Ill. 346

Syllabus

<p>1. Criminal law—when indictment is good. When the offense is so plainly stated in the indictment that the nature of it can be easily understood by the jury, that is sufficient under our statute to constitute a good indictment, upon which the judgment of the court can be rendered.</p> <p>2. Same — conversion of proceeds of sale by commission merchant. On an indictment against a commission merchant for converting the proceeds of goods intrusted to him to sell on commission, to his own use, it is not a sufficient defense that the agreement was that the commission merchant was to send the consignor his check for the proceeds, and that he did send his check, when it appears that there were no funds in the bank on which the check was drawn, to pay it, and that the check was promptly presented and not paid.</p> <p>3. In such case, if the defendant had funds in the bank at the time of drawing the check, the burden is on him to prove it, and also to explain why there were no funds there when the check was presented</p>