Welsh et al. v. People

Case # 002365, 003216, 012413

Appellant/Plaintiff

James (John) Welsh, alias Long John or John Mallory, Frank W. Kinney

Appellee/Defendant

People of the State of Illinois

Appellant/Plaintiff Attorneys

  • William T. Burgess

Appellee/Defendant Attorneys

  • William Hervey Lamme Wallace

County of Origin

Cook County

Justice

Justice John D. Caton

Terms of Court

June 1856

Disposition

Affirmed

Citation

17 Ill 339

Case Summary

The court, having considered the matter, referred to Ex parte Welsh, and found no need to reevaluate the right to try the prisoners. Regarding alleged larceny through false pretenses, the court established that if the owner willingly relinquished possession and title to the goods, it amounted to fraud, not larceny. Instructions given by the court clarified distinctions crucial to the case, and objections raised by both parties were addressed appropriately. Consequently, the judgment was affirmed. 
Notes: case 003216/17 Ill 161 is part of this case.

Illinois Reports File