Purdy v. People

Citations

• 140 Ill. 46
• 29 N.E. 700

Syllabus

<p>1. Criminal law—conviction on circumstantial evidence. Before a conviction can properly be bad upon purely circumstantial evidence, the guilt of the accused must be so thoroughly established as to exclude every reasonable hypothesis of his innocence.</p> <p>2. Same—defendant’s testimony—Ms credibility a question for the jury. In a criminal case the jury are the judges of the facts, and of the credibility of the witnesses, and of the weight of the evidence. The defendant may testify in his own behalf, and if he does, the jury may take into consideration his interest in the event of the prosecution, but otherwise he stands upon the same footing with any other witness.</p> <p>3. Same—conduct of defendant on the witness stand and during trial— how far evidence. A person charged with crime can be examined as a witness only at his own request, and so when he voluntarily assumes the character of a witness it is proper to apply to him the rules which apply to other witnesses. Therefore it is held that the jury may consider his demeanor and conduct while upon the stand, in determining his credibility, but it has never been held that his conduct and demeanor during the trial, while not being examined as a witness, can be considered or be regarded in the light of evidence against him.</p> <p>4. Where a defendant in a criminal case testified in his own behalf, the court, in instructing the jury, told them that in determining the degree of credibility that should be accorded to his testimony, they had the right to take into consideration not only his demeanor and conduct while on the witness stand, but also his dtemeanor and conduct during the trial: Held, that the latter part of the instruction was erroneous. The demeanor and conduct of the defendant during the trial, when not testifying, is no part of the evidence.</p> <p>5. Same—evidence—proof of testimony before the coroner’s jury. On. the trial of one for murder, several of the People’s witnesses stated, some on their di