Spahn v. People

Citations

• 137 Ill. 538
• 27 N.E. 688
• 1891 Ill. LEXIS 1061

Syllabus

<p>' 1. Cbiminal law—identification of accused—proof of burglary. On, the trial of two for burglary, the person whose room was entered and who was robbed, testified positively that the defendants were the parties who robbed him. The only denial was in the testimony of the defendants, and one of them did not deny, in terms, that he was present and aided in the burglary, and admitted that he was indicted for robbery in another case. The burglary was not denied: Held, that .the evidence was sufficient to sustain a conviction.</p> <p>2. Instbttctions—covered by others given. Although an instruction asked may state a correct proposition of law, there will be no error in refusing it when it is fully and completely covered by one of the other instructions given to the jury.</p> <p>3. Bill of exceptions—taken most strongly against party taking the same. Where the bill of exceptions in the case of a criminal prosecution shows that the defendant, while on the stand as a witness, disclosed the fact of his indictment in another case, without objection, but- fails to show whether the disclosure was made on the direct or cross-examination, it will be presumed it was made on the direct examination, as Á bill of exceptions is taken most strongly against the party taking the same.</p> <p>4. New trial—newly discovered evidence—cumulative. The rule is well settled that to authorize a new trial on the ground of newly discovered evidence, it must appear that the evidence has been discovered. since .the trial, and that the party has not been guilty of negligence in not discovering and producing it on the former trial. Nor will a new. trial be granted when such evidence is merely cumulative, and is not conclusive in it character.</p> <p>5. Same—absence of witness. If a defendant in a criminal case goes to trial without the presence of a witness whom he had subpcenaed, and without asking for an attachment for him or a continuance, a new trial will not be given him on account of the failure