People v. Morgenstern

2 Citing cases

  1. People v. McCall

    192 N.E.2d 257 (Ill. App. Ct. 1963)   Cited 1 times

    [1] The People have cited cases supporting the proposition that defects in an information may be waived by proceeding to trial without raising objections. People v. Billow, 377 Ill. 236, 36 N.E.2d 339; People v. Duyvejonck, 337 Ill. 636, 169 N.E. 737; People v. Morgenstern, 278 Ill. App. 100; People v. Scigliano, 194 Ill. App. 345 (Abst). In those cases it was held that a verification or a failure to verify may be waived.

  2. People v. McCullough

    27 N.E.2d 473 (Ill. App. Ct. 1940)   Cited 1 times

    But even if the information had not been verified the question of the verification is waived because defendant went to trial without objection. People v. Duyvejonck, 337 Ill. 636; People v. Morgenstern, 278 Ill. App. 100. In People v. Frankowski, where an information was filed before the county judge, the court said: "There is no merit in the contention that the county court was without jurisdiction to try defendant because the information was not properly endorsed by the county judge of Cook county. The information was endorsed 'E.K. Jarecki, Judge of the County Court of Cook County.' The county judge was elected and commissioned as 'Edmund K. Jarecki.' Section 9 of division 11 of the Illinois Criminal Code (Ill. Rev. Stat. 1937, chap. 38, par. 719) provides that all exceptions to the form of an information shall be made before trial, and no motion in arrest of judgment or writ of error shall be sustained for any matter not affecting the real merits of the offense charged in the information.