Klein v. People

Citations

• 113 Ill. 596
• 1885 Ill. LEXIS 731

Syllabus

<p>1. Cbiminal law—alibi. Where the proof clearly shows the commission yf a robbery, and the defendant is identified as the guilty party by two witnesses, and an alibi is relied upon in defence, which is not very satisfactorily proved, giving allowance for differences in time and the opinions of witnesses •of the time when the offence was committed, and owing to the proximity of ■the place where the alibi is shown to the place where the robbery occurred, a. judgment on a verdict finding the defendant guilty will not be reversed, i 2. A defendant, to establish an alibi, must not only show, he was present at some other place about the time of the alleged crime, but also that he was at such other place such a length of time that it was impossible for him to have been at the place where the crime was committed, either before or after the time he was at such other place.</p> <p>3. Same—robbery—sufficiency of proof of force. On the trial of one for robbery, the prosecuting witness testified to the taking from her a hand-bag containing money, and that the hand-bag was taken with such force that it bruised her arm, and it was lame for several days: Held, that this testimony most clearly showed that the taking was by force, and that the act was a robbery.</p> <p>4. New tbial—newly discovered evidence. Where affidavits relied on for a new trial in a criminal case as showing newly discovered evidence, contained much irrelevant matter, and such facts as had a bearing on, the case were not of a conclusive character, and cumulative, merely, it was held, no error to refuse a new trial on them.</p> <p>5. Where the facts relied on as newly discovered evidence on a motion for a new trial, are such as the party or his counsel, by ordinary prudence and diligence, should have learned before the trial, and proved, and no sufficient excuse is shown for not proving them, a new trial will not be granted.</p>