Graubner v. City of Jacksonville

Illinois Supreme Court
Graubner v. City of Jacksonville, 50 Ill. 87 (Ill. 1869)
Lawrence

Graubner v. City of Jacksonville

Opinion of the Court

Mr. Justice Lawrence

delivered the opinion of the Court:

This case is like that of Kettering v. City of Jacksonville, ante p. 39, except in one particular. Graubner, the appellant, offered to testify, but the court did not permit him to do so. This was error. This court has repeatedly decided that prosecutions of this character were not a criminal proceeding. We have also held, in the case of The People v. Starr, ante p. 52, that the defendant, in a prosecution for bastardy, was a competent witness under our present law, and the same rule must be applied in this case.

The judgment is reversed and the cause remanded.

, Judgment reversed.

Reference

Full Case Name
John Graubner v. The City of Jacksonville
Cited By
5 cases
Status
Published
Syllabus
Witness—competency—undsr act of 1867. A prosecution for the violation of a city ordinance prohibiting the sale of liquor is not a criminal proceeding, and, therefore, the defendant, under the act of 1867, is a competent witness in his own behalf.