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· 9/15/1868

Sprague v. Dodge

Citations

  • 48 Ill. 142

Syllabus

<p>1. Evidence—in civil cases—where a crime is charged in the pleadings — of proof required. In civil actions, where a criminal offense is charged in the pleadings, the rule of evidence applicable in a criminal prosecution, for the offense charged, applies.</p> <p>2. Same—rule only applies to cases where the pleadings charge the offense. But this rule applies only to cases where the charge of criminality is made in the pleadings.</p> <p>3. Same — of proof beyond a reasonable doubt—where not required. Incivil actions, where either party relies upon establishing a criminal offense against the other, the presumption of innocence should only be yielded upon satisfactory evidence of guilt. And although clearer proof would be required in such case, than in one involving no criminality, yet the sufficiency of such proof is to be determined by the jury, and need not be of such character as shall satisfy them beyond a reasonable doubt.</p>

Judges: Lawrence

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