Sheehan v. People

Citations

• 131 Ill. 22
• 22 N.E. 818
• 1889 Ill. LEXIS 1137

Syllabus

<p>1. Criminal law—alibi—reasonable doubt—instruction. It is not accurate, in an instruction, to say that the defense of alibi tends merely to cast a reasonable doubt on the case made by the prosecution; but where the instruction concludes as follows: “The law being, that where the jury have considered all the evidence, as well that touching the question of the alibi as the criminating evidence introduced by the prosecution, then, if they have any reasonable doubt of the guilt of the accused of the offense with which he stands charged, they should acquit, otherwise not,” and this is followed by instructions for the defendant still more favorable to him, the error in the first part of the instruction will not call for a reversal of the judgment, as it will do the defendant no harm.</p> <p>2. Evidence—cross-examination—as to immaterial matters. On the trial of one on an indictment charging the robbery of a pocket-book and money therein, the prosecuting witness testified to the robbery of the pocket book, containing $160 in money, and negotiable papers for $175, and a receipt for $25, which he said he would have to pay over again. He was cross-examined, re-examined, and upon re-cross-examination defendant’s counsel asked the witness what the receipt was given for. The witness declined to answer the question, and the court ruled that he need not answer: Held, that all the evidence in regard to the papers taken was immaterial, and that there was no error in excluding that proposed.</p> <p>3. Instructions—argumentative. An instruction, although containing some correct propositions of law, but more in the nature of an argument to the jury, may properly be refused.</p> <p>4. Same—calling attention to specific portions of the evidence. An instruction in a criminal case which points out certain specific portions of the evidence, and calls particular attention thereto as having an important bearing upon the question of the guilt or innocence of the accused, is properly refused