Weaver v. People

Citations

• 132 Ill. 536
• 24 N.E. 571
• 1890 Ill. LEXIS 1069

Syllabus

<p>1. Criminal law—assault to murder—of the intent—as an essential element—how to be shown—presumption. On an indictment for an assault with intent to murder, the specific intent charged is an essential element in the offense, and must, like any other fact necessary to constitute the crime, be proved beyond a reasonable doubt.</p> <p>2. When the whole case is considered, the jury must believe, beyond a reasonable doubt, that the assault was made with the murderous intent charged. Specific proof of the intent is not essential, but the-intent may be established by evidence of the attending facts and circumstances.</p> <p>3. It is not necessary, to constitute an intent to murder, that the party charged shall have brooded over it, or have entertained it for any considerable time. It is sufficient if, at the instant of the assault;, he intended to kill the party assaulted, or it will be enough if he is actuated, in making the assault, by that wanton and reckless disregard of human life that denotes malice, and the assault is made under such circumstances that if death had ensued the killing would have been murder.</p> <p>4. Every sane man is presumed to intend all of the natural and probable consequences flowing from his own deliberate acts. Therefore,, if one voluntarily and willfully does an act the direct and natural tend- . ency of which is to destroy another’s life, the natural and irresistible-conclusion, in the absence of qualifying facts, is', that the destruction of such other person’s life was intended.</p> <p>5. On the trial of one for an assault with intent to murder, the jury-will be justified in taking into consideration the character and manner of the assault; that it was made deliberately, with a weapon capable-of inflicting death; that the blows were inflicted upon a vital part of' the person assaulted, and all the attendant circumstances.</p> <p>6. Same—reasonable doubt. The reasonable doubt that will justify and require an acquittal, must be as to the