Smith v. People

Citations

• 115 Ill. 17
• 3 N.E. 733
• 1885 Ill. LEXIS 514

Syllabus

<p>1. Criminal law—burglary—as to ownership of building—how it may be laid. In an indictment for burglary, the ownership of the building entered may be laid in the occupant whose possession is rightful, as against the burglar. Booms rented to a person constitute his dwelling house, when they are occupied as such.</p> <p>. 2. An indictment for burglary charged that the entry was into the dwelling house of D., and the proof showed that D. did not own the house where he dwelt, but that he rented the first floor of the house in which was his room from which the property was taken, and that the owner occupied the apartments above: Held, no variance, and that the proof sustained the charge in the indictment as to the matter of ownership.</p> <p>3. Same—possession of stolen goods as evidence to connect parly with a burglary. Where a larceny of goods is committed at the time of a burglary, and from the same house, the possession of a party, about a month afterward, of some of the stolen goods, is proper evidence of his guilt and participation in the burglary, as well as in respect to the larceny itself.</p> <p>4. Evidence—as to statements by one of two defendants in a criminal prosecution. On the trial of A and B for burglary, the statements of B relating to the crime, made to an officer in the absence of A, are clearly admissible against B, and therefore proper evidence to go to the jury on the trial of both together.</p> <p>5. Witness—competency—one of two defendants in a criminal prosecution against his co-defendant. Under the statute rendering parties accused of crime competent witnesses, a joint defendant in an indictment is a competent witness against his co-defendant being tried with him.</p> <p>6. So where two parties are tried together under an indictment for burglary, and one of them testifies in his own behalf, there is no error in refusing to instruct the jury that his testimony can not be used or considered as against his co-defendant.</p>