Butler v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of McDonough county; the Hon. Charles J. Scofield, Judge, presiding. This was an indictment against William Butler, Franklin Butler, William Simkins and George Stuckey, in which they were charged with the murder of John Butler, on the 4th day of June, 1887, in McDonough county.
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Writ of Error to the Circuit Court of McDonough county; the Hon. Charles J. Scofield, Judge, presiding. This was an indictment against William Butler, Franklin Butler, William Simkins and George Stuckey, in which they were charged with the murder of John Butler, on the 4th day of June, 1887, in McDonough county. On a trial of the defendants, on the indictment, the jury found Simkins and Stuckey guilty of a riot, and the other defendants guilty of manslaughter, and fixed their term of imprisonment at six years in the penitentiary. There is no substantial disagreement in regard to the facts,…
1Opinion of the CourtChief Justice Craig
It may be regarded as a well settled principle of law, that a man will be held guilty of murder or manslaughter, who, in the attempt to kill one person, by mistake kills a third person, although there is no intent or design to kill such third person. So, also, where a number of persons conspire together to do an unlawful act, and in the prosecution of the common design a person is killed, all will be guilty of murder. Wharton (vol. 2, sec. 998,) says: “If the unlawful act was a trespass, the murder, to affect all, must be done in the prosecution of the design. If the unlawful act be a felony,…
2Cited by33 opinions
- People v. WashingtonCalifornia Supreme Court · 1965
- Commonwealth v. RedlineSupreme Court of Pennsylvania · 1958
- Commonwealth Ex Rel. Smith v. MyersSupreme Court of Pennsylvania · 1970
- People v. FerlinCalifornia Supreme Court · 1928
- Gladden v. StateCourt of Appeals of Maryland · 1974
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