Gindrat v. People

Citations

• 138 Ill. 103
• 27 N.E. 1085
• 1891 Ill. LEXIS 1110

Syllabus

<p>1. Criminal law— evidence. On the trial for the larceny of a diamond ring, the proof showed that defendants came into a jewelry store and examined some rings, but left without purchasing. Directly afterward a diamond ring was found missing from the tray, and a cheap imitation ring found in its place. The supposed thieves were followed and arrested, and the stolen ring found near where they were overtaken. In their possession, in a valise at their room, were found other similar imitation diamond rings, which the court admitted in evidence: Held, that the imitation diamond rings were properly admitted in evidence, as corroborative of the theory of their guilt, and as tending to show their ability or means of committing the crime.</p> <p>2. Same—corpus delicti—identification of defendant—burden of proof. If the prosecution, under an indictment for larceny, proves the corpus delicti as charged, and introduces evidence which, in the absence of contradiction or explanation, identifies the defendants as the perpetrators of the offense beyond a reasonable doubt, this is all that is required, and then it will devolve upon the defendants, either to prove that some one else committed the theft, or raise a reasonable doubt whether they or some one else committed it, or in some other way either show their innocence or raise a reasonable doubt of their guilt.</p> <p>3. On the trial of parties for larceny, the burden of proving everything essential to a conviction is on the prosecution, and it is not sufficient for a conviction to show that the property was stolen, without identifying the defendants as the perpetrators of the crime.</p> <p>4. Searches and seizures—constitutional limitation—evidence. Sections 6 and 10, of article 2, of the State constitution, are limitations upon the powers of the State government, and have no reference to or bearing upon the unauthorized acts of individuals. Those constitutional restrictions do not prohibit all searches and seizures, but only s