Hoyt v. People

Citations

• 140 Ill. 588
• 16 L.R.A. 239
• 30 N.E. 315
• 1892 Ill. LEXIS 1168

Syllabus

<p>1. Indictment—charging conspiracy to burn and burning—not double„ A count In an indictment that the defendants agreed to burn an elevator of a third person, and in pursuance of such agreement did burn it, is not double. The conspiracy in such case is merged in the consummated act of burning, and the crime thereby charged is arson, alone.</p> <p>2. ChiminAL law—continuances—act of June 26,1885, constitutional_ Section 1 of “An act to regulate the granting of continuances in criminal cases,” approved June 26, 1885, is not in conflict with section 9, article 2, of the constitution, which guarantees “that in all criminal prosecutions the accused shall have the right to * * * meet the witnesses face to face, and to have process to compel the attendance of witnesses.”</p> <p>3. Same—affidavit for continuance—admitting absent witness will testify as staled—effect of admission. A party indicted, by his affidavit for a continuance stated what facts he expected to prove by an absent witness, whereupon the State’s attorney admitted that the absent witness, if present, would testify to the facts recited in the affidavit, and that those facts might be read as the witness’ testimony. The court overruled the motion for a continuance, and the facts recited in the affidavit were read to the jury, and the court refused to instruct the jury that they must receive those facts as true, but, on the contrary, instructed that such facts should be subjected to the same consideration and scrutiny as any other evidence: Held, no error in such rulings.</p> <p>4. Where the State’s attorney admits that an absent witness would, if present at the trial, testify as stated in the affidavit for a continuance, the jury will not be bound to taka the evidence of such witness as absolutely true, but such evidence is to be treated precisely as though the witness had appeared and testified, and it may be controverted by other witnesses.</p> <p>5. Same—right of defendant to continuance. One indicted for