Ackerson v. People

Citations

• 124 Ill. 563
• 16 N.E. 847
• 1888 Ill. LEXIS 1000

Syllabus

<p>1. Criminal law—proof of an alibi—burden of proof—degree of proof ■ required. On a criminal prosecution, when the People have made out a prima faeie case, an.d an alibi is relied on, the burden is on the defendant to prove it,—not beyond a reasonable doubt, nor even by a preponderance of the evidence, but by such evidence, and to such a degree of certainty, as will, when the whole evidence is considered, create and leave in the minds of the jury a reasonable doubt of his guilt of the crime charged.</p> <p>2. Same—instruction as to proof of an alibi. On the trial of one for rape, the defense of an alibi being made, the court instructed the jury, “that when the People make out such a case as would sustain a verdict of guilty, and the defendant offers evidence, the burden is on him to make out that defense, and as to an alibi, and all other like defenses that tend merely to cast a reasonable doubt on the case made by the People when the proof is in, then the primary question is, (the whole evidence being considered, both that given for the defendant and that for the People,) is the defendant guilty beyond a reasonable doubt?—the law being, that when the jury have considered all the evidence, as well that touching the question of the alibi, as the criminating evidence introduced by the prosecution, then, if they have any reasonable doubt of the guilt of the accused of the offense with which he stands charged, they should acquit, otherwise not:” Held, that the instruction was not such as to impress the jury that in the opinion of the court the State had made out a prima facie case; nor was the defendant prejudiced by the words, “that tend merely to create a reasonable doubt. ”</p> <p>3. Same—admission or confession—whether implied from silence. An admission or confession may be implied from the conduct of the party in remaining silent when charged with crime, or with complicity therein, or when statements are made by third persons, in his presence, affecting him, when