Panton v. People

Citations

• 114 Ill. 505
• 2 N.E. 411
• 1885 Ill. LEXIS 635

Syllabus

<p>1. Cbiminal law—self-defence -when danger only apparent. If a person assaulted in such a manner and under such circumstances as to induce in him a reasonable and well-grounded belief that he is actually in danger of losing his life or suffering great bodily harm, acts under such belief, he will be justified in defending himself, whether the danger is real or only apparent.</p> <p>2. Same—as to the grade of the offence—the jury to determine, not the court. Under an indictment for murder the accused may be found guilty of manslaughter, and the instructions in such a case should leave the jury free to find whether he is guilty of murder or manslaughter. Therefore, an instruction that if the jury shall believe, from the evidence, certain facts, they should find the defendant guilty of murder, is erroneous. It should direct no more than to find him guilty.</p> <p>3. Witness—credibility of one charged with crime, when testifying in his own behalf. A clause in an instruction, on the trial of a party upon a charge of murder, who had testified in his own behalf, after reciting certain facts, was to this effect: “And if, from all such facts and circumstances in evidence, the jury believe that he (the defendant) has testified falsely upon any material point in issue in the case, then they have the right to entirely disregard his evidence, except so far as it may be*corroborated by other credible proofs or circumstances in evidence. ” The instruction was held erroneous, in omitting the essential element that the witness had willfully and knowingly sworn falsely.</p> <p>4. Ebbor will not always reverse—as to instructions. An instruction given on the trial of a person upon the-charge of murder, upon the law of self-defence, against the defendant, though abstractly erroneous may not afford a ground for a reversal of a judgment of conviction, where no case of self-defence is shown by the evidence.</p>