Sullivan v. People

Citations

• 114 Ill. 24
• 28 N.E. 381
• 1885 Ill. LEXIS 568

Syllabus

<p>1. Criminal law—of the venae—sufficiency of proof. On a trial for robbery, while no witness testified directly that the offence was committed in Peoria county, but the evidence showed that it was committed on W. street, in Peoria, Illinois, it was held, that this was sufficient to show the offence was committed in Peoria county, Illinois.</p> <p>2. Same—accused as a witness in his own behalf—of the consideration to be given to his testimony—tests of credibility, etc. On the trial of two persons on the charge of robbery, two witnesses testified in behalf of the prosecution, and the two defendants testified in their own behalf, the four being present at the time of the alleged robbery. The court instructed the jury, as to each defendant, “that ■while the defendant is by law a competent witness in his own behalf, yet his credibility, and the weight to be given to his testimony, are matters exclusively for the jury to pass upon; and while they should not disregard his testimony through mere caprice, y'et the jury are not bound to believe him, nor are they bound to treat his testimony the same as the testimony of other witnesses, but they may take into consideration the fact that he is the defendant, and his interest in the result of the case, as such, and give his testimony such weight as, under all the facts and circumstances in evidence in the case, they may think it is entitled to:” Held, that the instruction was erroneous in telling the jury they were under no obligation to treat the defendant’s evidence the same as the testimony of other witnesses.</p> <p>3. In a criminal prosecution, the accused, as a witness in his own behalf, differs from other witnesses only in the fact that he is the defendant, charged and being tried for crime, which may be taken into consideration by the jury in passing on his credibility. But his testimony' must be treated the same as any other witness.</p> <p>4. In such case, the interest of the accused in the matter of the prosecution,