Prindeville v. People

Citations

• 42 Ill. 217

Syllabus

<p>1. Criminal law—conviction, for a lesser offense under am, indictment for the greater. Where the prosecution must prove every fact necessary to constitute the lesser offense, together with the additional facts which make it the higher offense, in order to justify a conviction for the latter, then a conviction may be had for the lesser offense under an indictment for the greater.</p> <p>2. So, under an indictment for rape, a party may be convicted of an assault with intent to commit a rape.</p> <p>3. Bill op exceptions — when necessary. An objection to a rule of the court below respecting the time within which instructions must be presented to the court, under which certain instructions offered were refused, cannot be entertained on error unless the instructions are embodied in a bill of exceptions ; as, even if the rule was unreasonable, it would not be error to refuse instructions under it unless they were correct, which could not be determined if they were not befofe the court.</p> <p>4. Instructions—of special rules of court in respect to the time within ■ which they must be presented. Circuit Courts have the power, by reasonable and proper rules, to prescribe within what time, during the progress of a trial, instructions must be presented.</p>