Appleton v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Douglas county; the Hon. W. Gr. Cochrane, Judge, presiding. At the April term, 1897, of the Douglas county circuit court the plaintiff in error was indicted for the murder of one Winfield Scott Swartz, alias Winfield Scott DeNune, and at the October term of said court he was tried and convicted, the jury fixing his punishment at twenty-five years in the penitentiary.
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Writ op Error to the Circuit Court of Douglas county; the Hon. W. Gr. Cochrane, Judge, presiding. At the April term, 1897, of the Douglas county circuit court the plaintiff in error was indicted for the murder of one Winfield Scott Swartz, alias Winfield Scott DeNune, and at the October term of said court he was tried and convicted, the jury fixing his punishment at twenty-five years in the penitentiary. Motions for a new trial and in arrest of judgment were overruled, and judgment was entered on the verdict. It appears upon an examination of the record that for some time prior to the killing…
1Opinion of the CourtJustice Craig
It is first claimed in the argument that the coux't erred in giving the following instruction:
“If the jury believe, from the evidence, beyond a reasonable doubt, that the killing of Winfield Scott Swartz, alias Winfield Scott DeNune, has been proven as charged beyond a reasonable doubt, then any defense which the defendant may rely upon in justification or in excuse of the act, or to reduce the killing to the grade of manslaughter, it is incumbent on the defendant satisfactorily to establish such defense, unless the proof arise out of the evidence produced by the prosecution.”
The objection to…
2Cases cited7 opinions
- Campbell v. PeopleIllinois Supreme Court · 1854
- Gainey v. PeopleIllinois Supreme Court · 1881
- Graves v. ColwellIllinois Supreme Court · 1878
- Herrick v. GaryIllinois Supreme Court · 1876
- Kinney v. PeopleIllinois Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The People v. WarrenIllinois Supreme Court · 1965
- State v. HazletNorth Dakota Supreme Court · 1907
- State v. RogersIdaho Supreme Court · 1917
- The People v. ArcabascioIllinois Supreme Court · 1946
- Miller v. PeopleIllinois Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.