Thompson v. People

Citations

• 125 Ill. 256
• 17 N.E. 749
• 1888 Ill. LEXIS 1090

Syllabus

<p>1. Criminal law—several counts for the same offense. The joinder of several counts in one indictment for the purpose of stating in different ways a single offense occurring in the same transaction, is allowable, and such joinder is no ground for quashing the indictment.</p> <p>2. Same—-joining counts for distinct offenses. The fact that two distinct offenses are joined in separate counts in the same indictment, or two defendants are tried for separate offenses, affords no ground for the arrest of judgment after verdict. In such case the defendants should plead in abatement, or move the court for separate trials. If this is not done, and the evidence is not preserved in the record, it will be presumed that the evidence justified the verdict.</p> <p>3. Same—verdict finding the value—in case for receiving stolen goods. On the trial of one for receiving stolen goods, in case of a conviction the jury must find in their verdict the value of the property, or the judgment will be arrested.</p> <p>4. Bill of exceptions—presumption in its absence. Where the bill of exceptions shows only the instructions given and refused, and the rulings thereon, it will be presumed that the rulings of the trial court upon every point of practice not embraced in a motion to arrest the judgment and the rulings upon the instructions, was correct.</p> <p>5. So unless the evidence is preserved in the record, this court can not pass upon the correctness or propriety of the instructions given.</p>