Creed v. People

Citations

• 81 Ill. 565

Syllabus

<p>1. Tenant in common—title to crop raised on land held, in common. The fact that a child resides on land with Ills mother, of which they are seized as tenants in common, does not amount to proof that the child has an)-- property in a crop of hay raised thereon. One tenant in common, merely because of being such, has no property in the crops which a co-tenant may raise and gather upon the land held in common.</p> <p>2. Witness—competency of wife of defendant in a, trial for crime. The wife of a party indicted is not a competent witness to testify in his behalf, but as to any matter bearing upon the case of a co-defendant she may testify. Sec. 436, of the Criminal Code, only removes the disqualification of witnesses growing out of interest or infamy.</p> <p>3. Alibi—proof required to show. Where stacks in two different yards, situated some distance apart, are burned, some time intervening, if the defendants charged with the burning set up an alibi, it is not erroneous for the court to instruct the jury that the evidence must cover the whole of the time of the setting of the fires, if they believe, from the evidence, the stacks were set on fire, so as to render it impossible or very improbable that the defendants, or any of them, could have committed the act.</p> <p>4. Withess—credibility of party in criminal case. On the trial of an indictment, the defendants asked the following instruction: “The jury have no right to disregard the testimony of the defendants, or either of them, through mere caprice, or merely because they are defendants. The law makes them competent witnesses, and the jury are bound to consider their evidence, and are the sole judges of their credibility.” The court modified it by adding: “ Tet the jury are under no legal obligation to believe them, if, from all the facts proved in the case, they think their testimony not reliable :” Held, no error in the modification.</p> <p>5. Ikstbuction—that defendant not bound to show who did the act complaine