Hayward v. People

Citations

• 96 Ill. 492
• 1880 Ill. LEXIS 64

Syllabus

<p>1. New trial—in a criminal case■—on the evidence. Where the testimony is conflicting on vital points, and the verdict depends upon the credibility of witnesses, the judgment of the jury should have great weight, but where, in a criminal case, the discrepancies in the testimony are not necessarily upon vital points, and upon a careful consideration of the whole evidence this court is not satisfied with a verdict finding the accused guilty of murder, a new trial will be awarded.</p> <p>2. Evidence—in criminal case—cross-examination of accused as a witness. On the trial of a person indicted for murder, it appeared the alleged offence consisted in the killing of a saloon keeper, the difficulty between the accused and the saloon keeper growing out of a dispute about a game of cards they had played together. The parties had been playing cards and drinking together in the saloon of the deceased. The dispute between them culminated in the shooting of the saloon keeper by the accused, not in t.he saloon, but out upon the street near the saloon. The accused was a witness in his own behalf. The matter in issue, as affecting the question of guilt or innocence, was, which was the aggressor in the affair upon the street. The accused was a young man, and was attending a medical school in the city where the killing occurred. He had been shown to have borne a good character in the neighborhood from which he came, for being peaceable and inoffensive. On his cross-examination the court below ruled that he should answer questions touching his habits, and his testimony elicited thereby showed that he had frequented other saloons in the city, where he had drank, and played cards and billiards on divers occasions. This was error, and may have prejudiced some of the jurors against the accused. These circumstances had no legitimate bearing upon the issue in the case, nor were they competent as bearing upon the credibility of the accused as a witness.</p>