Crews v. People

Citations

• 120 Ill. 317
• 11 N.E. 404
• 1887 Ill. LEXIS 852

Syllabus

<p>1. Continúanoe—absence of witnesses—requisites of affidavit. A defendant can not assign for error the refusal of his motion for a continuance, on the ground of the absence of a witness, when such witness appears during the trial and is examined on the part of the defence.</p> <p>; 2. An affidavit for a continuance made by the defendant in a case of homicide, based on the absence of certain witnesses for the defence, which fails to show that they are not absent by his procurement or consent, and which also fails to show the materiality of the facts proposed to be proven by the witnesses, is insufficient for both reasons stated, and there is no error in refusing to continue the case upon such an affidavit.</p> <p>3. CkiminaIj law—reasonable doubt—as to particular facts. The fact that a jury may entertain a reasonable doubt in regard to some particular fact required^to be proved in order to convict, will not, of itself, call for an acquittal. A reasonable doubt requiring an acquittal, is one as to the guilt of the accused on the whole evidence,_ and not as to any particular fact.</p> <p>4. So on the trial of one upon the charge of murder, the court refused to. instruct the jury, that if they had any reasonable doubt as to whether the defendant, at the time of the shooting, was under reasonable apprehension and honest fear that the deceased intended and was about to inflict upon him. great bodily harm, and that he fired the shots under that belief and in self-defence, they should acquit: Held, that the instruction was properly refused.</p> <p>5. Instruction—no need of repetition. Where the court, on the trial of one for murder, gives an instruction for the defendant containing a full and comprehensive statement of the law of self-defence, there will be no-error in refusing others substantially the same, differing only in form.</p>