Kirby v. People

Citations

• 123 Ill. 436
• 15 N.E. 33
• 1888 Ill. LEXIS 1033

Syllabus

<p>1. Evidence—to show former conviction of witness for crime. Where a witness refuses to testify as to a previous conviction of a crime, it can be proved only, as at the common law, by a properly authenticated copy of the record thereof, and that must contain at least the caption, the entry showing the return of the indictment into open court by the grand jury, the indictment and record of arraignment, and the impaneling of the jury or the waiver of a jury, as well as the final judgment of the court. These are indispensable parts of the record.</p> <p>2. One of two defendants on trial for robbery testified in behalf of the defence, and on being asked if he had not been convicted of an assault with intent to kill, and sentenced to the penitentiary, declined to answer. The prosecution, over the objection of the defendants, read in evidence a certified copy of a judgment order of the Criminal Court of Cook county, sentencing the defendant to the penitentiary for two years and six months. No indictment or record of arraignment or trial was copied into this transcript: Meld, that the court erred in admitting the same.</p> <p>3. Ebbob wild not always bevebse—as, where it appears no injury resulted. This court will not affirm a judgment, when error has intervened, unless it shall appear from the whole record that such error could not reasonably have affected the result. When there is error, it is presumed to have improperly affected the result, but this presumption is rebutted, when, from the whole record, it is manifest that no improper result to the party complaining could have followed.</p>