Guedel v. People

Citations

• 43 Ill. 226

Syllabus

<p>1. Indictment—for murder—charging the offense—and of ‘variance. When an indictment for murder charged the offense as having been committed by shooting from a gun by means of powder and shot, proof, that the murder was committed by striking the deceased with a gun upon the head, is inadmissible.</p> <p>% Same—the precise nature of the charge must be stated. The law requires, that a prisoner on trial for murder, shall be fully informed by the indictment, •of the precise nature of the charge against him.</p> <p>3. Same—mode in which offense was committed—essential part of. The •mode in which the offense was committed, is an essential part of the indictment ; and killing by shooting, and killing by beating upon the head with a .gun, are modes of causing death so essentially unlike, that proof of the one mode would be inadmissible under an indictment charging the other.</p> <p>4. Same—when no legcd jeopardy. Where a person was indicted for a murder, committed by shooting with powder and shot from a gun, and was acquitted, and was afterward indicted for the same murder, and convicted, and in such second indictment the offense was alleged to have been done by beating upon the head with a gun,—Meld, that the two indictments stated different offenses, and that the acquittal on the first one, was no bar to the second, the prisoner never having been in legal jeopardy.</p>