Fitzpatrick v. People

Citations

• 98 Ill. 269
• 1881 Ill. LEXIS 252

Syllabus

<p>1. Criminal law—return of indictment into court. A recital in the record, “ this day comes again the grand jury and presents to the court indictments in the following cases,” among which was one against the defendant, makes it sufficiently clear that the indictment against the accused was publicly presented to the court,—and that is sufficient.</p> <p>2. Same—-facts proper to determine the intent accompanying assault. The manner, time and place of an assault by a man upon a woman are all elements to be considered by the jury in arriving at a conclusion as to the intent with which the. assault was made, as, whether to commit a rape, or a simple assault.</p> <p>3. Same—intent to commit rape need not be sliown by defendant’s words. It is not necessary toa convictionfor an assault with intent, to commit rape, that the defendant should have expressed by words what his intention was in assaulting the prosecutrix. That may be made to appear from his acts and the circumstances proven, as well as by his words.</p> <p>4. Same — sentence to take effect after expiration of a prior one. There is no error in making the punishment by imprisonment in the penitentiary, of one convicted on a second indictment., to commence at the expiration of a term of imprisonment in another case tried at the same term of court against the same person, the prior conviction and term of imprisonment being specifically named in the judgment of the court rendered on the second conviction.</p> <p>5. Instruction—in language of the statute: An instruction which states the law nearly in the language of the statute, that drunkenness is no excuse for crime, is not erroneous.'</p> <p>6. New trial—misconduct of juror. The fact that a juror in a criminal case, on his examination, stated, in good faith, that he did not know the defendant, and that if he had ever seen him before he had forgotten him, whereas, in fact., he was on a former jury before whom the defendant was tried and convicted for an assault wit