Higgins v. People

Citations

• 98 Ill. 519
• 1881 Ill. LEXIS 285

Syllabus

<p>1. Credibility op witness—in criminal case, where the accused testifies in his own behalf-—of the proper tests. In a criminal case, on the trial of which the accused testified in his own behalf, the court instructed the jury in regard to the right of the accused to testify upon his own motion, and in mentioning the various tests that might be applied in determining the credibility of the witness, stated: “The jury are also to take into consideration the fact, if such is the fact, that he has been contradicted by other witnesses.” Upon objection that the concluding words of the instruction ought to have been, “ if the defendant was contradicted by credible witnesses,” it was considered that the jury could not have been misled by the omission of the qualifying word “ credible,” especially as there had been no effort to impeach or call in question the reputation of the witnesses who were supposed to have given testimony contradictory to that given by the accused.</p> <p>2. New trial—newly discovered evidence. Newly discovered evidence which is merely cumulative in its character, is not sufficient to entitle the party to a new trial for that cause.</p>