Alexander v. People

Citations

• 96 Ill. 96
• 1880 Ill. LEXIS 6

Syllabus

<p>1. Instructions—connecting two by the words “ Hence in this case.” An instruction given on a trial for murder gave the statutory definition of the crime, and stated, in the language of the statute, when and under what circumstances malice would be implied. This was connected with another instruction following, by the words, “Hence in this case,” which declared “if the jury believe, from the evidence, beyond a reasonable doubt, that the defendant killed A B, as charged in the indictment, under circumstances showr ing no considerable provocation, but showing an abandoned and malignant' heart on the part of the defendant, the law pronounces it murder,” etc.: Held, that the words “hence in this case,” were used in the sense of “therefore,” and must have been so understood, and did not vitiate the first instruction.</p> <p>2. Burden of proof—degree of proof required—to establish defence on a criminal prosecution. Where the killing is proved on a trial for murder, the burden of proving circumstances in mitigation, or that justify or excuse the homicide, is thrown upon the accused, unless the proof on the part of the prosecution sufficiently manifests the same facts, and an instruction which imposes the burden of proving such facts upon the defence without reference to whether they appear from the proof by the prosecution, is erroneous, as casting upon the defendant a greater burden than the law requires.</p> <p>3. When the killing is proved, on a charge of murder, and the defendant seeks to show he was justified or excused, it. is erroneous to instruct the jury that it is incumbent on him to establish satisfactorily such defence. The statute does not require such-a high degree of proof. The defendant is only bound to prove the circumstances of mitigation, or that justify or excuse, as any fact is to be proved. If the proof creates a reasonable doubt of the defendant’s guilt, he is entitled to an acquittal.</p>