Stuart v. People

Citations

• 73 Ill. 20

Syllabus

<p>1. Cbimutal law—reasonable doubt. Where the evidence leaves a reasonable doubt on the mind as to whether a defendant is gjpilty, under the evidence, of the technical crime with which he is charged, although his conduct may show but little less turpitude than crime itself, he should not be convicted.</p> <p>2. Where the evidence against a defendant indicted for the larceny of a horse shows that what he did was done openly, in the presence of other persons known to the party having the horse in his possession, but not under circumstances that would warrant the belief it was larceny, such evidence tends to prove that the offense was nothing graver than an aggravated trespass.</p>