Steffy v. People

Citations

• 130 Ill. 98
• 22 N.E. 861
• 1889 Ill. LEXIS 1075

Syllabus

<p>1. Criminal law—“considerable provocation”—in what it may consist. Mere words, however opprobrious, can not be said to constitute the “considerable provocation” contemplated by the statute relating to assaults to murder, and to inflict bodily harm. If, therefore, words used will not reduce a homicide from murder to manslaughter, they will not constitute such a provocation as to destroy the intent necessary to the commission of an assault with intent to murder.</p> <p>2. Same—malice—being armed with a deadly weapon—as evidence of malice. On the trial of one for an assault with intent to murder, the prpof showed that there was a dispute between the defendant and the prosecuting witness (the person assaulted) concerning a house, near where the latter resided, and that the defendant came to the house of the prosecutor armed with a deadly weapon, there being no satisfactory reason given for his so going there, and no danger shown to his person or property. The parties got into an angry altercation, when the defendant fired his pistol at the prosecuting witness: Held, that the bare fact, unexplained, that the defendant was, without any excuse therefor, armed with a deadly weapon, was of itself a strong circumstance from which the jury might have found that he was actuated by malice.</p> <p>3. Bill of exceptions—when necessary—exceptions. Exceptions to the ruling of the court can not be preserved in the record by the entries and recitals of the clerk. This can be done only by bill of exceptions. When no exception is taken to the order of the court overruling a party’s motion for a new trial, he will be in no position to question the sufficiency of the evidence to sustain the verdict.</p> <p>4. If no exceptions are taken, and preserved in a bill of exceptions, to the giving or refusing of instructions, the correctness of the rulings of the court thereon can not be questioned on error or appeal.</p> <p>5. New trial—verdict against the evidence—in a criminal case. To justi