Mullins v. People

Citations

• 110 Ill. 42
• 1884 Ill. LEXIS 1317

Syllabus

<p>■1 Criminal law—degree of proof required to make out a defence—and as to different defences, in that regard—of a reasonable doitbt, as applied to distinct elements in the case, or to the whole case. On the trial of one indicted for robbery, in which an alibi was set up in defence, the proof on the part of the People tending to prove defendant’s guilt, and on the part of the defence the alibi, the court instructed orally, by consent, as follows: “You should not convict defendant, unless, after considering all the evidence introduced in this case, you are satisfied of his guilt beyond all reasonable doubt; and if, after considering all the evidence introduced by the prosecution, and all the evidence introduced by the defence, you entertain a reasonable doubt as to whether the defendant, J. M., has been identified as one of the persons present and participating in the offence charged, you should find him not guilty:” Held, that such instruction was as favorable to the defence endeavored to be made as the defendant could ask.</p> <p>2. It seems that some defences in criminal cases must be proved by a preponderance of the evidence, among which are licenses or authorizations from the State, and pleas of autre fois acquit. But whether the burden of proving an alibi by a preponderance of evidence rests on the defendant, the authorities are not harmonious.</p> <p>3. The general rule is, that when the prosecution makes out such a case as will sustain a verdict of guilty, and the defendant offers evidence, the burden is on him to make out that defence, whatever it may be; but as to an alibi, and all other like defences that tend merely to cast a reasonable doubt on the case made by the prosecution when the proof is in, then the primary question is, the whole evidence being considered, is the defendant guilty beyond a reasonable doubt.</p> <p>4. It is not correct to instruct the jury in a criminal case, that when they have considered all the evidence offered on the point mad