Tarpley v. People

Citations

• 42 Ill. 340

Syllabus

<p>Verdict—evidence in support. Where it appears on the trial of an indictment for an assault with a deadly weapon, that accused held a pistol in one hand, and took hold of the prosecuting witness by the throat with the other, hut did not present the pistol, or attempt to shoot, or even threaten to do so,—Held, that, while it amounted to a false imprisonment and an ordinary assault, it did not constitute an assault with a deadly weapon with intent to inflict a bodily injury. Where the evidence fails to sustain the verdict, the court should grant a new trial, and it is error to refuse.</p>