May v. People

Citations

• 92 Ill. 343

Syllabus

<p>1. Confession of crime—whether it will authorize a conviction. The confessions of a party to an individual merely, uncorroborated by circumstances, and without proof aliunde that a crime has been committed, will not justify a conviction.</p> <p>2. It has been said, in the United States, the prisoner’s confession, when the corpus delicti is not otherwise proved, has been held insufficient for his conviction.</p> <p>3. Same—and herein, of the sufficiency of the proof. In this case the prisoner was indicted for the larceny of a horse. The confession of the prisoner was relied upon. The most to be derived from that was that he took the horse and traded it off, and upon going to the person to whom he said he had traded the horse, it was found in that person’s possession. One witness testified that the o wner had the horse in his possession before the time he was said to have been taken. The witness saw the horse put in a stable the evening before the time in question—heard about the horse being taken next morning. Another witness testified that he saw the horse in the owner’s possession not long before the time “he was said to have been stolen: ” Held, the proof did not sufficiently show that a larceny had been committed, to justify a conviction.</p> <p>4. Amendment of record in criminal cases—at a subsequent term. An indictment for larceny was found at the October term of court, but there was no entry of record of the fact at that term. At the subsequent May term a trial was had and the defendant found guilty. At the same May term, after the rendition of the verdict, and before judgment thereon was entered, the court, on motion of the State’s attorney, permitted the record to be amended by the entry of an order nunc pro tunc showing the return of the indictment into open court at the proper term: Held, the proof introduced showing the fact, the action of the court below allowing the amendment was correct.</p>