Davis v. People
Illinois Supreme Court
ERROR TO HARDIN. This was an indictment, found by the grand jury, at the May term, 1857, of the Circuit Court of Hardin county, charging Robert Davis, the plaintiff in error, with the murder of Seth Taylor. The indictment alleges, in substance, that Robert Davis, on the fifth day of September, in the year 1856, struck Seth Taylor upon his head, with a large stick, thereby inflicting upon said Taylor a mortal wound, of which said mortal wound the said Seth Taylor died.
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ERROR TO HARDIN. This was an indictment, found by the grand jury, at the May term, 1857, of the Circuit Court of Hardin county, charging Robert Davis, the plaintiff in error, with the murder of Seth Taylor. The indictment alleges, in substance, that Robert Davis, on the fifth day of September, in the year 1856, struck Seth Taylor upon his head, with a large stick, thereby inflicting upon said Taylor a mortal wound, of which said mortal wound the said Seth Taylor died. At the October term, 1857, of the Hardin Circuit Court, the defendant, Davis, pleaded not guilty. A trial was had, and the…
1Opinion of the CourtBreese, J.
This judgment must be reversed, because the evidence does not show that the person struck and killed was Seth Taylor, as alleged in the indictment. In no part of the evidence, which is spread upon the record, is he thus indicated. He is referred to by all the witnesses as “ Taylor,” — whether the Seth Taylor named in the indictment, or not, the court may presume, but cannot say with certainty. It is not so proved.
It is essential, in all criminal prosecutions, that the name of the party injured, or, as in this case, killed, should be proved as laid. There is no conflict of authority on this…
2Cited by27 opinions
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- Jones v. PeopleSupreme Court of Colorado · 1882
- Chase v. PeopleIllinois Supreme Court · 1866
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