Moeck v. People

Citations

• 100 Ill. 242
• 1881 Ill. LEXIS 84

Syllabus

<p>1. Instruction—construed—as to whether it assumes that a witness had been contradicted. An instruction given on behalf of the prosecution upon the trial of a person indicted for manslaughter, and who testified in hie own behalf, directed the jury that in determining the degree of credibility to be accorded to the testimony of the accused, they should take into consideration the fact, if it was a fact, that he bad been contradicted by other witnesses. On objection that the jury would understand from this that the court believed the accused had been contradicted, it was held, that the instruction would not bear any such construction.</p> <p>2. Criminal law—reasonable doubt. On a criminal trial the court instructed the jury as to what should be regarded as a reasonable doubt, as follows: That “in considering the case the jury are not to go beyond the evidence to hunt up doubts, nor must they entertain such doubts as are merely chimerical or conjectural. A doubt, to justify an acquittal, must be reasonable, and it must arise from a candid and impartial investigation of all the evidence in the case, and unless it is such that were the same kind of doubt interposed in the graver transactions of life it would cause a reasonable and prudent man to hesitate and pause, it is insufficient to authorize a verdict of not guilty. If, after considering all the evidence, you can say you have an abiding conviction of the truth of the charge, you are satisfied beyond a reasonable doubt.” It was held, the instruction correctly stated the rule.</p> <p>3. Practice—evidence received without objection. On the trial of a person upon an indictment, for manslaughter, a witness testified to a remark made by the wounded -man to the accused, after the arrest of the latter, to the effect that the former did not think he, the prisoner, would have done the shooting, as he had always treated him like a brother, to which the prisoner made no reply. On error, it was objected that the evidence was i