People v. Beach

1 Citing case

  1. People v. O'Dell

    99 N.E.2d 367 (Ill. App. Ct. 1951)   Cited 3 times
    In People v. O'Dell, 343 Ill. App. 395, the Appellate Court of the Third District held that the 1943 Amendment, sec. 754a (b) of the Criminal Code providing that the jury shall fix the punishment in certain cases involving misdemeanors does not amend the Medical Practice Act, that it is the duty of the court and not of the jury to impose the penalty therein provided.

    The evidence in this case does not in any way disclose entrapment. The facts in the case of People v. Beach, 266 Ill. App. 272, cited by the defendant, which case was decided by this court, stands on its own facts, which are in no way comparable to the facts in the case at bar. Finally, defendant urges that the information in this case was filed against Morris E. O'Dell, but that all of the testimony was against Maurice O'Dell; that the variance does not fall within the rule of idem sonans, and is fatal in a criminal case, because where there is a variance in names the defendant may again be put in jeopardy for the same offense.