Gallagher v. People

Citations

• 120 Ill. 179
• 11 N.E. 335
• 1887 Ill. LEXIS 838

Syllabus

<p>1. Criminal law—prosecutions in the county court—by information. Under the statute, all offences cognizable in the county court must be prosecuted by information of the State’s attorney, Attorney General, or other person.</p> <p>2. Same—indorsement of probable cause, by county judge—and herein, when an information is that of the State’s attorney. Where an information is presented by any person other than the State’s attorney or Attorney General, the county judge must indorse thereon that there is probable cause for filing the same.</p> <p>3. Where an information is filed by the State’s attorney in his name, and it is signed by him, the fact that it is accompanied by an affidavit of a private person that the matters therein stated are true, will not render the information that of the latter, so as to require the indorsement thereon of probable cause, by the county judge.</p> <p>4. Evidence—os to proof of the habit of becoming intoxicated. In a prosecution for selling intoxicating liquor to a person in the habit of becoming intoxicated, there is no error in allowing witnesses to testify to the habit of such person as to becoming intoxicated, when they are able to speak from their own personal observation, and have had opportunities of knowing such person’s habits in the respect named.</p> <p>5. Same—of opinions or conclusions of witnesses as direct evidence. As a general rule, it is not proper to admit in evidence the opinions or conclusions of witnesses; but whether a person possesses a certain habit, is lather a question of fact, than of opinion or conclusion. It respects a person’s condition, as to which witnesses are often allowed to speak without being confined to a narration of the particulars which go to constitute the condition.</p> <p>6. Under proper circumstances, a common witness may testify directly as to sanity, solvency or insolvency; as to a person being sick or in pain; or whether, a pel'son was drunk or sober; or whether a horse is a safe and kind