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159 Ill. App. 559

People v. Klute

Appellate Court of Illinois

Decided February 3, 1911

Appellate Court of Illinois · decided 1911-02-03

<p>Evidence—when rulings will not reverse. The rejection of competent and the undue restriction of cross-examination will not reverse in the absence of harm resulting.</p>

Affirmed · Decided 1911-02-03

Mr. Justice Smith

¶1delivered the opinion of the court.

¶2It is urged as a ground of reversal of the judgment that the court erred in overruling the motion of plaintiff in error to quash the information, which charges him with unlawfully keeping a house of ill fame, and also, keeping a common disorderly house, to the encouragement of idleness, drinking, and other misbehavior, contrary to the statute. In our opinion the information is sufficient and the motion to quash was properly overruled.

¶3We think the evidence admitted to sustain the prosecution was competent under the information, which charges the defendant with two distinct offenses.

¶4In our opinion the trial court erred in refusing to allow Mrs. Klute to testify as to the number of rooms used in connection with the saloon and hotel, and their occupants at the time in question, in substantiation of what she told Wilson and Rogers, according to their testimony, to the effect that all of the rooms were occupied on the occasion in question. Her statement, however, was not controverted by the prosecution, and the error was unimportant and not reversible.

¶5We think the court erred also in improperly restricting the cross-examination of Miss Williams in one or more particulars, but the rulings of the court worked no harm to the plaintiff in error.

¶6We cannot say that the verdict of the jury is not sustained by the evidence, or that it is against the manifest weight of the evidence.

¶7The judgment is affirmed.

¶8■Affirmed.

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