Mullin v. Spangenberg

Citations

• 112 Ill. 140

Syllabus

<p>1. Instructions construed—as not properly defining offence alleged in plea. In an action of trespass against two police officers, for an assault and battery, the defendants pleaded son assault demesne; that the plaintiff had been guilty of a misdemeanor, (without stating what it was,) and that the defendants arrested him therefor, and that the plaintiff interfered with defendants, as police officers, in the discharge of their duties in conveying a person they had lawfully arrested, to the nearest police station. The court instructed the jury, that if they believed, from the evidence, that the plaintiff had not committed any offence alleged in the defendants’ pleas, and that both of the defendants concurred in laying hands on him and arresting him, then the jury are instructed that they should find both the defendants guilty, etc.: Held, that the instruction was not erroneous, in failing to state what would constitute the offence of resisting an officer, nor because of the use of the word “any” before the word “offence.” The sentence means the same as if the language had been, “ committed no one of the offences. ”</p> <p>2. Same—whether assuming a fact. An instruction that “if the jury believe, from the evidence, * * * that both of the defendants concurred in laying hands on him,” etc., is not subject to the objection that it assumes as a fact that the defendants did concur in the act.</p> <p>3. So an instruction that “if the jury believe, from the evidence, * * * that the defendants * * * were engaged in the common purpose of unlawfully arresting the plaintiff, ” is not faulty, as assuming the arrest was unlawful.</p> <p>4. Measure op damages—in trespass to the person—pecuniary circumstances of defendant—whether to be considered. On the trial of an action of trespass for an assault and battery, the plaintiff may give in evidence the pecuniary circumstances of the defendant, to enhance his damages, and in-such case the defendant may give counter evidence on the su