Sahlinger v. People

Citations

• 102 Ill. 241
• 1882 Ill. LEXIS 20

Syllabus

<p>1. ' Criminal daw—general conviction sustained, if any good counts. Judgment will not be arrested, nor will a judgment be reversed, on a general verdict of guilty, in a criminal case, because one count in the indictment is bad, if other counts are good.</p> <p>2. Same—larceny—recent possession of stolen goods. A recent possession of stolen property after the theft is sufficient to warrant a conviction, unless the attending circumstances so far overcome the presumption thus raised as to create a reasonable doubt of the prisoner’s guilt, when an acquittal should follow.</p> <p>3. Same—waiver of constitutional right to he present at trial. The constitutional right of a prisoner to appear and defend in person and by counsel, to demand the nature and cause of the accusation, and to meet the witnesses face to face, is conferred for the protection and benefit of one accused of crime, but, like many other rights, it may be waived by him.</p> <p>4. So where a prisoner, after his trial has begun, voluntarily abandons the court room, and refuses to appear, he will be regarded as having waived a right which is guaranteed to him, and the court is under no obligation to stop the trial, but may proceed in his absence to final judgment. He will not be allowed to take advantage of his own fault.</p> <p>5. Evidence—relevancy of fact on cross-examination. On the trial of one for burglary, and the larceny of certain goods, there is no error in refusing to allow the prosecuting witness, on cross-examination, to state the names of the firms from whom he purchased goods, as this could throw no light on the question of the defendant’s guilt or innocence.</p> <p>6. Same—opinion of witness as to fact. On a trial for burglary and larceny, a witness for the defendants testified very fully that they were not away from home on the evening the crime was committed, stating that they were not away from home that evening, and went to bed at ten o’clock. The witness was then asked if they were awa