Conn v. People

Citations

• 116 Ill. 458
• 6 N.E. 463
• 1886 Ill. LEXIS 1107

Syllabus

<p>1. Chimin al law — assault with intent to murder — of the intent, and proof thereof—when malice presumed. Where an act is committed deliberately, and is likely to be attended with dangerous consequences to the life of another, malice may be presumed. So if one shoots a loaded pistol or other fire-arm in the direction of another under such circumstances as to show a reckless indifference as to the consequences, and the act is likely to result in the death of the person'toward whom the shot is fired, the law will imply malice, and the party so shooting may be convicted of an assault with intent to murder.</p> <p>2. To convict one of. an assault with a loaded revolver, with intent to kill and murder, the criminal intent must be shown; but direct and’ positive testimony is not required to prove such intent. It may be presumed from facts and circumstances shown by the evidence.</p> <p>3. So if a person fires a revolver at or toward another, either with malice prepense or with a total disregard of human life, he may be convicted of an assault with intent to kill and murder the person so attacked; and in such case it makes no difference whether such person was struck by the shot or not.</p> <p>4. Same—evidence—want of materiality. On the trial of a party for an assault with intent to kill and murder, it was shown by a witness for the People, that defendant, while standing in front of witness’ residence, talking with B., her husband, called to the person assaulted as he was passing the other side of the street, and demanded that he come over and pay the $14 he owed him, and on his refusing to come over, shot at him. ’The defendant offered to prove by another witness that just before defendant started to the place where he fired the shot, he said he was going over to B.’s to collect $14 that B. owed him, which the court refused to allow': Held, that the offered evidence was not of such significance as to constitute material error in refusing to admit it.</p>