Jamison v. People

Citations

• 145 Ill. 357
• 34 N.E. 486
• 1893 Ill. LEXIS 1084

Syllabus

<p>1. Criminal Law—Murder—reasonable doubt as to facts in evidence. On the trial of one for murder, the court, at the request of the people, gave this instruction: “It is not necessary that the jury should believe that every material fact or circumstance in evidence before them has been proven beyond a reasonable doubt, but that it is sufficient if the jury believe, from the evidence in the case, that every material allegation in the indictment, or either count thereof, in manner and form as therein stated and charged, has been proved beyond a reasonable doubt”: Held, that there was no substantial objection to the instruction.</p> <p>2. The rule requiring proof beyond a reasonable doubt, in criminal cases, applies only to the material allegations of the indictment, but has no application to mere evidentiary facts which the testimony of the witnesses may tend to establish. In all cases where the evidence is circumstantial, its primary tendency is to prove certain facts which are merely evidentiary in their character, and from which the ultimate facts to be proved follow as conclusions, either of fact or of law. It is only the latter that must be proved beyond a reasonable doubt.</p> <p>3. Same—instruction as to doubt concerning the sanity of defendant. On the trial of á murder case the defendant asked this instruction: “The court instructs the jury, that if there is evidence in the case sufficient to raise a reasonable doubt as to the sanity of the defendant, then the jury will find the defendant not guilty.” The court gave the same modified, as follows: “The court instructs the jury that if the evidence in the case’ is sufficient to raise a reasonable doubt as to the sanity of the defendant, then the jury will find the defendant not guilty”: Held, that the instruction as asked was properly refused, as it failed to require the reasonable doubt from the whole of the evidence.</p> <p>4. On the trial of one for murder the following instruction was asked by defendant, bu