Sutton v. Johnson

Citations

• 62 Ill. 209

Syllabus

<p>1. Trespass to the person—evidence. In an action by a female for an assault and battery and assault with intent to commit a rape, a witness for plaintiff testified that defendant said, “He and his wife hadn’t got along first rate, and die had to be too intimate with the hired woman; ” or, “was forced to be too intimate with the hired woman.” It did not appear who this hired girl was, and the witness did not know who she was. The defendant moved to exclude this testimony for irrelevancy, which the court refused to do: Held, that the court erred in not excluding it, as it did not tend to prove the assault charged, and did tend to prejudice the defendant with the jury.</p>