Carpenter v. People

Citations

• 5 Scam. 197

Syllabus

<p>Error to Monroe.</p> <p>I. Criminal LAW — lesser kindred offence. Where a defendant is put upon his trial for a crime which includes an offence of an inferior degree, the jury may acquit of the higher offence, and convict of the lesser, although there may be no count in the indictment specifically charging that particular offence. But under an indictment lor an assault with intent to commit murder, or mayhem, the defendant cannot be convicted of an assault with intent to commit a bodily injury; and if he could be thus convicted, it would be necessary for the verdict of the jury to find all the facts necessary to constitute the offence, (a) </p> <p>2. Assault and battery — jurisdiction of. The crimes of assault and assault and battery are not punishable by indictment, in Illinois. Exclusive jurisdiction over these crimes is conferred on justices of the peace, (b) </p>