Tobin v. People

Citations

• 101 Ill. 121
• 1881 Ill. LEXIS 54

Syllabus

<p>1. Instructions—failure to mark as “given.” A judgment of conviction in a criminal case will not be reversed merely because the court failed to mark two of the defendant’s instructions as “given,” where the record shows they were given to the jury as asked.</p> <p>2. New trial—/or newly discovered evidence. A new trial will not be granted on the ground of newly discovered evidence, where it does not appear but the evidence might have been had on the trial by the exercise of reasonable diligence, nor where such evidence is in its nature impeaching, only.</p> <p>3. Same—absence of witness by sickness. Anew trial will not be granted in a criminal case because an important witness was prevented from attending the trial by sickness, and the prisoner’s counsel failed to bring such fact to the notice of the court. The party in such case should have asked for a continuance.</p>