Roach v. People

Citations

• 77 Ill. 25

Syllabus

<p>1. Instruction—assuming facts. An instruction which assumes the existence of material facts iu dispute in a criminal case, is calculated to mislead the jury, and is erroneous</p> <p>2. Same—direction how to find, should be dependent on a state of fad, to be proved beyond reasonable doubt. The direction at the end of an instruction in a criminal case, to convict, should he made expressly dependent upon a given state of fact, established beyond a reasonable doubt by the evidence. Where an instruction concludes, “ and the jury will find the defendants guilty,” it will be calculated to mislead, and will be erroneous.</p> <p>3. Homicide—danger need not be real to sustain a justification of self-defense. In a prosecution for manslaughter, where the defendant seeks to justify the killing ns in seif defense, an instruction conveying the idea that the justification can uot be sustained unless the danger was not only apparently imminent, but was actual and positive, is erroneous.</p> <p>4. Self-defense—danger need not be real. If a party is assaulted in such a way 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, he will, wlieu acting under such apprehension, be justified in defending himself, whether the danger is real or only apparent.</p> <p>o. Possession—defense of when justifiable. Where a party is in the possession of a well by the permission of the owner, and has enclosed the same, it is not necessary that ho should have the exclusive right to its use as against all the world, in order to repel by force an attempt to invade that possession. It will be sufficient if he has such right as against an intruder attempting to use the same.</p> <p>6. Witness — instruction as to credibility of impeached witness. An instruction that, though numerous witnesses may have testified against the credibility and truthfulness of a particular witness, and the jury may believe, from the evidence,