Gill v. People
Illinois Supreme Court
Wett of Ebeob to the Circuit Court of Clay county; the Hon. Aabon Shaw, Judge, presiding. At the June Term, 1863, of the Circuit Court of Clay county, an indictment was found against James C. Gill, for assaulting with intent to kill one Sullivan Hubble. The cause came on for trial at the October Term, 1864. The jury returned the following verdict: “We, the jury, find the defendant guilty of an assault with a deadly weapon, with an intent to inflict a bodily injury.”
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Wett of Ebeob to the Circuit Court of Clay county; the Hon. Aabon Shaw, Judge, presiding. At the June Term, 1863, of the Circuit Court of Clay county, an indictment was found against James C. Gill, for assaulting with intent to kill one Sullivan Hubble. The cause came on for trial at the October Term, 1864. The jury returned the following verdict: “We, the jury, find the defendant guilty of an assault with a deadly weapon, with an intent to inflict a bodily injury.” The defendant’s counsel moved in arrest of judgment and for a new trial, which motions the court overruled, and rendered…
1Opinion of the CourtJustice Lawrence
The plaintiff in error was indicted for an assault with intent to kill. On the trial the jury found the following verdict:
“ We, the jury, find the defendant guilty of an assault with a deadly weapon, with an intent to inflict a bodily injury.”
On this verdict the court rendered a judgment, fining the defendant twenty-five dollars, and he has sued out a writ of error.
It is not denied, that, under the indictment for the greater offense, the jury could find the defendant guilty of the lesser, as decided by this court in the case of Prindeville v. The People, ante, p. 217, but it is urged that…
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