Wilson v. People
Illinois Supreme Court
This was a bastardy case, tried in the Iroquois Circuit Court. The jury found Wilson guilty. The judgment of the court was, that he pay fifty dollars annually for seven years, and give a bond for $800, conditioned for the payment of the judgment. The mother of the child was the complaining witness. The connection was alleged to have taken place in the dining room of the house where the parties resided.
Read the full summary
This was a bastardy case, tried in the Iroquois Circuit Court. The jury found Wilson guilty. The judgment of the court was, that he pay fifty dollars annually for seven years, and give a bond for $800, conditioned for the payment of the judgment. The mother of the child was the complaining witness. The connection was alleged to have taken place in the dining room of the house where the parties resided. The defendant moved for a new trial, and filed his own affidavit, stating that he could prove by his mother, who occupied the dining room at the time the girl swore intercourse took place, she…
1Opinion of the CourtCaton, C. J.
The credibility of the complaining witness was a matter peculiarly appropriate for the consideration of the jury, and we are not disposed to find fault with their determination to believe her.
Nor did the affidavit of what the defendant could prove by his mother make such a case as should induce us to overrule the court below, in its refusal to grant a new trial for that reason. There is no pretense that the defendant did not know all along what he now says his mother will swear to. It is then not newly discovered evidence. But the defendant says he was taken by surprise at the locus in quo…
2Cited by2 opinions
- Gore v. PeopleIllinois Supreme Court · 1896
- Sulzer v. YottIllinois Supreme Court · 1870