Coon v. People

Citations

• 99 Ill. 368
• 1881 Ill. LEXIS 183

Syllabus

<p>1. Evidence — leading questions. Where the only witnesses testifying, who show any criminal conduct in one accused of crime, are two little girls, aged eleven and nine years, and the court allows leading questions to be propounded to each of them upon the most material and vital part of the accusation, against the objection of the prisoner, a judgment of conviction will be reversed. The tender age of the witnesses affords cogent reasons why leading questions should not be allowed.</p> <p>2. Leading questions may be resorted to under certain circumstances, as, where the propounding of general questions has been tried and there has been a failure to get specific answers, either by reason of the stupidity of the witness or of a disposition to prevaricate, as developed by an examination.</p> <p>3. The erroneous toleration of leading questions will not, in all cases, constitute sufficient cause for reversing a judgment, biit where'the statements of the witnesses are very improbable and well nigh incredible, and where the questions complained of relate to the vital points of inquiry, and where no reason or necessity for resort to such questions is made to appear, and it is plain that it is an abuse of the discretion of the court, the judgment will be reversed for that error alone.</p> <p>4. Instruction — should not Í7tiimaie what evideiice shows. It is error for the court in- an instruction to intimate that certain things have been shown from the evidence, and then tell the jury they should take them and all the other circumstances into consideration.</p> <p>5. Same — singling out certain facts. • On indictment for an assault with intent to. commit a rape, it is not proper, in an instruction, to gather a cluster of circumstances stated by the witnesses, and present them as proper to be considered in determining the defendant’s intent, making no mention of other circumstances pointing in a different direction as to intent.</p>