Ogden v. People

Citations

• 134 Ill. 599
• 25 N.E. 755
• 1890 Ill. LEXIS 1002

Syllabus

<p>1. Evidence—facts from the sense of hearing—as distinguished from mere matter of opinion. The statement of a fact by a witness which he ascertained through the sense of hearing, is not the statement of mere matter of opinion, but is the statement of a conclusion reached directly •and primarily from an operation of the sense of hearing, and is admissible in evidence.</p> <p>2. Same—accused testifying in his own behalf—on cross-examination, •ashing as to a prior conviction of another offense. On a trial of one under an indictment for robbery, the defendant testified in his own behalf, and on cross-examination he was asked if he had not been indicted and convicted of an assault to kill. On objection, the court ruled that the witness might answer the question or not, as he saw fit. Defendant’s counsel, understanding that the court allowed the question, directed him to answer, and he testified that he had been once indicted for the offense named, and convicted simply of an assault and battery: Held, that there was no error. A. misapprehension of counsel •can not be regarded as an error on the part of the court.</p>