Logg v. People

Citations

• 92 Ill. 598

Syllabus

<p>1. Criminal practice—witness not indorsed on indictment. The prosecution is not confined to the list of witnesses indorsed on the indictment, but the court, in the exercise of a sound discretion, and having a strict regard to the rights of the public and the prisoner, may permit such other witnesses to be examined as the justice of the case may seem to require.</p> <p>2. Where a. witness’ name as indorsed on the indictment was James S. Hollett, instead of John, the true name, and when called, and objection being made to his testifying, he was withdrawn, and the State’s attorney gave notice that he would call him afterwards, and after the examination of five other witnesses again called him, it not appearing that any other person of the name of Hollett was present at the time and place when and where the transaction occurred which was the subject of consideration on the trial, it was held no error to permit the witness to testify, and that if the defendants were taken by surprise it devolved upon them to show it.</p> <p>3. Instruction—singling out part of the facts proved. The statute provides that the court, in charging the jury, shall only instruct as to the law of the case, and it is error to single out certain evidence, ignoring other evidence of equal importance, and tell the jury, if they believe the facts as proved by that evidence, how they shall find.</p> <p>4. Same—summing up the evidence. The practice of submitting the facts to the court for it to express its opinion to the jury whether a case has been made out, is not proper. An instruction intended as a summing up of the evidence and a decision thereon by the court adversely to a party, is erroneous.</p> <p>5. Same—anticipating defence. The prosecution or plaintiff is only obliged to present the law correctly in his instructions applicable to his theory of the case, and is not bound in every instruction to anticipate and exclude every possible defence.</p> <p>6. Error—as to refusing instructions—how p