Otmer v. People

Citations

• 76 Ill. 149

Syllabus

<p>1. Evidence—instruction as to the credibility of witness. On the trial of a party indicted for murder, the defendant was sworn and testified, and the court instructed the jury that if they believed, from all the evidence, that he had knowingly sworn falsely in regard to any material point in the case, they ought to disregard his testimony on all material points, except so far as he was corroborated by other evidence in the case: Held, that the instruction was erroneous. It would have been proper if it had told the jury they might disregard his testimony, etc., leaving the jury to determine for themselves whether to give his testimony any weight.</p> <p>2. Same—sufficiency of circumstantial evidence to convict. What circumstances will amount to proof, can never be matter of general definition. The legal test is, the sufficiency of the evidence to satisfy the understanding and conscience of the jury. Absolute certainty is not essential to proof by circumstances, but it is sufficient if they produce moral certainty to the exclusion of every reasonable doubt.</p> <p>3. Same—instruction as to sufficiency of circumstantial evidence. On the trial of one for murder, the court instructed the jury that if they believed, from the evidence, beyond a reasonable doubt, that the accused deliberately and intentionally shot and killed the deceased, as charged, they should find the defendant guilty; and that in such case, it mattered not that the evidence was circumstantial, or made up from facts and circumstances, provided the jury believed such facts and circumstances pointing to his guilt to have been proven beyond a reasonable doubt: Held, that the latter part of the instruction was calculated to mislead the jury. It should have left it to the jury to further find whether such facts and circumstances were sufficient to .satisfy their minds and consciences of the defendant’s guilt.</p> <p>4. New tbiae—in criminal case. Where a defendant was convicted of the crime of murder, in