Eubanks v. People

Citations

• 41 Ill. 486

Syllabus

<p>1. Continuance—requisites of an affidavit therefor. Where a party who is indicted for an assault with intent to murder, desires a continuance on account of the absence of witnesses by whom he expects to prove facts connected with the alleged assault which will exculpate him, the affidavit for the continuance should show what means the witnesses had of knowing what occurred; and where the witnesses reside out of the State, it should show the grounds of his expectation of procuring their testimony at a future time.</p> <p>2. Instructions — evidence—jwry. It is not error for the court to refuse to instruct the jury as to the weight of evidence, as it is their province to consider it.</p> <p>3. Same. Where the indictment charged that the accused made an assault with the intent to “ kill and murder,” and the court instructed, that, if the jury found from the evidence that he made the assault with intent to “ kill or murder,” as charged in the indictment, they should convict, — held,, that this was not error, especially when another instruction given stated it correctly.</p>