Maher v. People
Illinois Supreme Court
This was an indictment for murder. A motion to quash the indictment was overruled by the court. The facts of this case are substantially as follows: The parties came to the house of deceased in the same wagon, and supped together at the house of deceased. They were neighbors, living about half a mile apart, and in some degree related. The witnesses were the children of deceased. The prisoner and deceased came to the house of deceased about sundown. Both were intoxicated.
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This was an indictment for murder. A motion to quash the indictment was overruled by the court. The facts of this case are substantially as follows: The parties came to the house of deceased in the same wagon, and supped together at the house of deceased. They were neighbors, living about half a mile apart, and in some degree related. The witnesses were the children of deceased. The prisoner and deceased came to the house of deceased about sundown. Both were intoxicated. While at supper, deceased undertook to whip his wife and children with a horsewhip; defendant interfered, and a scuffle…
1Opinion of the CourtWalker, J.
On the trial of this cause in the court below, the defendant asked the court to give this among other instructions. :
“ If James Maher made an attack upon the defendant with a deadly weapon, at a time when the defendant was going away from him, and the circumstances of the attack were sufficient to excite the fears of a reasonable person that the said James Maher intended to do the defendant some great bodily harm, and defendant acted under the influence of such fears, and at the time struck the said James Maher and killed him, such killing is neither murder nor manslaughter, but justifiable…
2Cited by9 opinions
- People v. JohnsonIllinois Supreme Court · 1954
- Barr v. StateNebraska Supreme Court · 1895
- Wall v. StateIndiana Supreme Court · 1875
- People v. McGinnisIllinois Supreme Court · 1908
- Roach v. PeopleIllinois Supreme Court · 1875
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