Carlton v. People

Citations

• 150 Ill. 181
• 37 N.E. 244
• 1894 Ill. LEXIS 1595

Syllabus

<p>1. Criminal law — proof necessary to conviction. The proof of the charge in criminal cases involves the proof of two distinct propositions: First, that the act itself was done; and secondly, that it was done by the person charged, and by none other, — in other words, proof of the corpus delicti., and of the identity of the prisoner.</p> <p>2. Same — circumstantial evidence — its sufficiency. What circumstances amount to proof of an offense can liever be matter of general definition. The test is the sufficiency of the evidence to satisfy the understanding and conscience of the jury. It is sufficient if they produce moral certainty, to the exclusion of every reasonable doubt.</p> <p>3. In order to warrant a conviction of crime on circumstantial -evidence, the circumstances, taken together, should be of a conclusive nature and tendency, leading, on the whole, to a satisfactory conclusion, and producing, in effect, a reasonable and moral certainty that the accused, and no one else, committed the offense charged.</p> <p>4. Among the circumstances which may be judicially considered as leading to important and well-grounded presumptions, are motives to crime, declarations or acts indicative of guilty consciousness, or intentions and preparations for the commission of crime.</p> <p>5. Saxe — instruction as to circumstantial evidence. At the trial of a criminal case the court refused an instruction asked by the defendant, which was as follows: “The jury are instructed, as matter of law, that where a conviction for a criminal offense is sought on circumstantial evidence alone, the People must not only show, by a preponderance of evidence, that the alleged facts and circumstances are true, but they must be such facts and circumstances as are absolutely inconsistent, upon any reasonable hypothesis, with the innocence of the accused, and ineapable of explanation upon any other theory than that of the guilt of the accused; and in this case, if all the facts and circumstances r