Ray v. Wooters
Illinois Supreme Court
APPEAL PROM MARION. This was a trial, in the Circuit Court, of an action for slander. There was a verdict and judgment in favor of the plaintiff below, for two hundred and seventy-five dollars. The bill of exceptions states that the court gave the instructions as modified— “ Thereupon the court proceeded orally to explain and qualify said instructions to the jury.” The cause was tried before Breese, Justice, and a jury, at September term, 1857, of the Marion Circuit Court.
1Opinion of the CourtSkinner, J.
The court, after giving, at the instance of the defendant below, several instructions in writing, as the bill of exceptions states, “ proceeded orally to explain and qualify said instructions to the jury.” The statute provides: “ That hereafter no judge of the Circuit Court shall instruct the petit jury, in any case, civil or criminal, unless such instructions are reduced to writing,” — “and he shall in no case, after instructions are given, orally qualify, modify, or in any manner explain the same to the jury.” Statutes 1856, 829.
This statute plainly inhibits the Circuit Courts from changing…
2Cited by16 opinions
- State v. PotterSupreme Court of Kansas · 1875
- Bradway v. WaddellIndiana Supreme Court · 1884
- Currie v. . ClarkSupreme Court of North Carolina · 1884
- Nieto v. PeopleSupreme Court of Colorado · 1966
- O'Hara v. KingIllinois Supreme Court · 1869
11 more not listed; retrieve them via the Exa API.