Lycan v. People

Citations

• 107 Ill. 423
• 1883 Ill. LEXIS 279

Syllabus

<p>1. Indictment—sufficiency of count for embezzlement. A count in an indictment charging that the defendant, as the agent of the prosecutor, by virtue of his employment, received moneys of the prosecutor, stating the amount, which he did feloniously, embezzle and fraudulently convert to his own use, with intent to steal the same, without the consent of the owner, is substantially good as a count for embezzlement, under the statute.</p> <p>2. Criminal practice—remarks of judge on the evidence. On the trial of one for the embezzlement of money alleged to have come into his hands on a sale of property by him, as agent of the prosecutor, where the evidence on the part of the People was not of a very satisfactory character, the defendant offered testimony to show, and tending to show, that he had bought the property of the prosecutor, the proceeds of which he was charged of having embezzled, and that the purchase was in good faith, and that he had paid for the same, after which the court remarked, in the hearing of the jury, “I am not satisfied with this,—let the defendant take the stand,” and then asked questions not entirely free from objection: Held, that the remark was clearly improper, and was calculated to prejudice the defence the accused was attempting to make.</p> <p>3. Whether a court is satisfied or not, is not a matter proper to be communicated to the jury in such a case. They should be left free to consider the evidence given by both parties, without any expression of opinion from the court.</p> <p>4. Practice—directing witnesses to be recalled. The court has the discretionary right, in the progress of a trial,—the exercise of which may tend to elicit the truth,—to direct that witnesses shall be recalled for further examination, or that other witnesses may be called to the stand to be examined; but the court ought not to give expression, in the hearing of the jury, as to its own views of the weight of any portion of the evidence.</p>