The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-12-29

easily be understood by the jury
ana by the defendant
An officer of a body polite may
pc a party 10 conspiracy TO OBJ
TAIN the property of said body pol
iue by false pretenses.
Counts two and three charge that
the defendants.
Counts Two and Three.
I'D Conspired to commit an Of
tense against the state;
I'D To defraud the state by
maifeasance, Partially and extor-
tlon. and>by taking fees and awards
above the legal salary of the treas
urer:
"(3) To deprive the state Of an
honest administration Of the Office
OF state treasurer:
90 To refuse to obey the law
90 To unlawfully place said
funds in jeopardy for their unlaw-
full gain:
"(6) To defraud the state by
Withholding funds due and owing
to the state of Illinois:
The general provisions OF the
conspiracy act do not obviate the
necessity of presenting in the in
dictment the special injury which
was the object OF the conspiracy
charged.
While the court has in mind the
legal proposition that the conspir-
acy to do an unlawful act is the
offense charged, still the offense
that fe h. % thA nj
must be charged with sufficient
particularly to notify the defend
ants of the offense of which they
stand charged. Therefore counts
two and three are bad for lack of
definiteness in describing the Of
Tense
Other Counts Attacked.
THE fourth, sixth, eighth. tenth
and eleventh counts are attacked
upon the ground that the state
treasurer act of 1908, is invalid.
The court is of the opinion that
this point is raised prematurely and
should not be considered at this
time
objection is also made to the
fifth, seventh, ninth and twelfth
counts, but the court finds no rea-
son to sustain the attack on these
counts.
'The sixth count is evidently
framed under section Asa wherein
an overt act is a necessary allega-
ton. No overt act being alleged this
count is bad.
THE thirteenth or confidence
game count omits the word 'felon-
iously" in the. charging part and is
void for that reason.
Counsel have submitted the re-
cent case of Connors VS.. People,
court No. 14,129. Opinion
by Justice Carter. In this
burglary case, the court held that
the indictment was good although
it omitted the word 'feloniousiy.
An examination of the burglary
statute discloses that the word
is not used therein,
while the confidence game statute
makes it a necessary word.
Accordingly the court finds that
coAnts, one, four, five, seven. eight,
nine. ten, eleven and twelve are
good counts, and that counts two,
three, six and thirteen are bad and
should be quasned.
UphoIds mo. 1882
ITO summarize, the court over
rules the motion to duash as to
each and every count in the indict
ment in Number IL, 698-'The Peo-
pie VS.. Len Small
THE court sustains the motion
to Quash the indictment in The
People VS.. Fred E. Sterling, Len
Small and Vernon Curtis number
1859, and the same is hereby
Quashed.
THE court overrules the motion
to quash the indictment in The
People VS.. Fred Z. Sterling. Len
Small and Vernon Curtis number
11700, as to counts numbered one,
four, five, seven, eight, nine, ter,
eleven and twelve, and,
THE court sustains the motion
to quash as to counts numbered
two, three, six and thirteen in this
Indictment, and the same are here
by Quashed.
THE arguments on the motions
TO quash have taken some time,
and it has been impossible for the
court to read the authorities cited.
and give the matter the considera-
lion it merits until the present
This is an important case from
he three standpoints.
Cites Importance.
First: From the legal principles
involved; which have been so ably
presented;
Second: Important to the de-
'endants to have an immediate