Bennett v. People

Citations

• 96 Ill. 602
• 1880 Ill. LEXIS 77

Syllabus

<p>1. Cbiminal law—joinder of counts in indictment. Counts in an indictment may properly be joined, for larceny, the buying and receiving of the same property, knowing it to have been stolen, for the defendant’s own gain, and to prevent the .owner from again possessing the same, and in like manner, and for like purpose, with receiving and aiding in the concealment of the same property; and a trial may be had upon all of the counts, and the prosecution will not be required to elect as 'to either count, the charges all relating to one transaction.</p> <p>2. Although it is not proper to include separate and distinct felonies in different counts of .the same indictment, it is Allowable to state the same offence in different ways, although the judgments on the several counts be different.</p> <p>3. Evidence in criminal cases—effect of statements of one defendant as to others. Where three persons are indicted for larceny, the statements of one of the defendants, in the absence of the others, while evidence -against the one making them should not affect the others, and when offered the court should be asked to restrict its effect entirely against the party making such statements. If the court is asked to rule out ihat part of them relating to the other two defendants, being competent against one, the court may properly refuse to rule out any part of it.</p> <p>4. Same—what accused said when stolen property was found in his possession. Where it was proved -on the trial of one for larceny, by a witness, that he found the -stolen property, and that two of the defendants went with him to the place where it was found: Meld, that the defendants had the right, when called as witnesses, to state what they said as to how they came by the property, and it was error to refuse to allow such testimony.</p> <p>5. It is a well settled rule that what explanations a person makes while in -the possession of stolen property, at the time of finding it in his possession, are admissible in evid