Dunn v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Johnson county; the Hon. Alonzo K. Vickers, Judge, presiding. Plaintiffs in error were indicted at the March term, 1894, of the Johnson county circuit court for an assault to kill and murder one Robert Kelly. The indictment was in the usual form. The jury found them guilty, and fixed their punishment at imprisonment in the penitentiary each for a term of seven years.
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Writ op Error to the Circuit Court of Johnson county; the Hon. Alonzo K. Vickers, Judge, presiding. Plaintiffs in error were indicted at the March term, 1894, of the Johnson county circuit court for an assault to kill and murder one Robert Kelly. The indictment was in the usual form. The jury found them guilty, and fixed their punishment at imprisonment in the penitentiary each for a term of seven years. Motions for a new trial and in arrest of judgment were made and overruled. Judgment was rendered and sentence pronounced in accordance with the verdict. The evidence is wholly circumstantial,…
1Opinion of the CourtJustice Phillips
The first error complained of by plaintiffs in error is in overruling the motion to quash the indictment. The principal ground urged is, that the indictment does not contain the essential element of present ability. The present ability to do the violence has always been held one of the ingredients and an element of an assault, but it is not necessary to allege it as such in an indictment of this character. We hold it more a matter of evidence than of pleading. Wharton on Grim. Law, (6th ed.) sec. 1281.
We have carefully examined the other objections made to the indictment, and they are not…
2Cases cited2 opinions
- Carlton v. PeopleIllinois Supreme Court · 1894
- Hamilton v. PeopleIllinois Supreme Court · 1885
3Cited by10 opinions
- The PEOPLE v. GriecoIllinois Supreme Court · 1970
- People v. AhrlingIllinois Supreme Court · 1917
- The PEOPLE v. HansonIllinois Supreme Court · 1964
- Marzen v. PeopleIllinois Supreme Court · 1898
- People v. ZammutoIllinois Supreme Court · 1917
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