Garrity v. People

Citations

• 107 Ill. 162
• 1883 Ill. LEXIS 242

Syllabus

<p>1. Gbiminal law—proving an alibi. It is well settled that the onus of proving añ alibi in a criminal case devolves upon the accused, and it must be clearly and satisfactorily established before it can avail, where the evidence otherwise makes out a clear case against him. This defence can not be made out in a case where the evidence to show the same is, in many important particulars, conflicting or unreliable.</p> <p>2. Same—finding stolen property in possession of the accused—not essential to conviction. Where a burglary has been committed, and money and other property taken, it is not indispensable to the conviction of one accused of the crime to trace the fruits of the crime to his possession. Convictions of this kind are frequently sustained without such ■ evidence, especially when the criminating evidence is strong.</p> <p>3. New trial—on the evidence—in criminal case. Unless this court is able to see that the jury, in finding a defendant guilty of the crime charged, have clearly erred in their conclusions of fact, it will not feel authorized to interfere with the verdict.</p> <p>Í. Practice—improper remarks of Slate’s attorney., Where the evidence of the guilt of one convicted of crime is strong and satisfactory, the judgment will not be reversed for mere improper remarks of counsel for the People tending to prejudice the jury against the accused.</p>