Hanrahan v. People

Citations

• 91 Ill. 142

Syllabus

<p>1. Indictment&emdash;«rime in the different counts. Where an indictment in the . caption shows the county and State in the proper form, the name of the county in subsequent counts, without using the word “said” or “aforesaid,” will be construed as referring to the same county named in the caption.</p> <p>2. Criminal law&emdash;assault with mtent to murder. If one person shoots at another with a shot gun, pistol or revolver, with intent, unlawfully, willfully, feloniously, and of his malice aforethought, either express or implied,' to kill him, the person so shooting is guilty of an assault with intent to commit murder.</p> <p>3. Same&emdash;presumption as to intent. Every man, in law, is presumed to intend the natural and probable consequence of his act, unless a different intent be proven.</p> <p>4. Instruction&emdash;whether it discriminates as to what evidence is to he considered. An instruction on the trial of one for an assault with intent to commit murder, that the intent with which the defendant shot at the prosecuting witness, if he did shoot, might be established by circumstantial evidence, and that in determining his intent in shooting, the jury should take into consideration all the circumstances in evidence surrounding and attending the act, is'not open to the objection that the jury might understand they need consider only the circumstantial evidence.</p> <p>5. Same&emdash;in criminal case&emdash;not necessary'always to state the doctrine of reasonable douht. An instruction in a criminal case upon the subject of what will justify the use of fire arms in self-defence, and what the defendant must show to establish such defence, is not erroneous in not further stating the defendant’s right to an acquittal in case of a reasonable doubt as to the existence of the facts justifying the use of such arms, when the jury are instructed on the part of the defence that if they entertain any reasonable doubt as to whether or not the shooting was done in self-defen