Swigar v. People

Citations

• 109 Ill. 272
• 1884 Ill. LEXIS 1426

Syllabus

<p>1. Criminal law—sufficiency of evidence to sustain conviction for manslaughter. In this case the defendant was tried upon an indictment for the alleged murder of his wife, the trial resulting in a verdict for manslaughter. Upon a review of the evidence it was considered sufficient to warrant the conviction.</p> <p>2. Practice—time to object to improper evidence. If no objection is made to the admission of testimony on the trial of one for crime, which is alleged to be improper, it can not be urged as error by the defendant on writ of error. The objection can not be considered in this court when made here for the first time.</p> <p>3. Instructions—singling out parts of the facts proved. Instructions asked in a criminal case are properly refused if they direct the attention of the jury to a partial view of the evidence, and direct an acquittal if they believe the facts stated to be true. Much less is there error in refusing such instructions if all that is proper in them is given in others.</p> <p>4. Error will not always reverse—inaccuracy in instruction. A judgment of conviction in a criminal prosecution will not be reversed for a slight inaccuracy in the wording of an instruction for the People, which could have done the accused no possible harm.</p>