Tobin v. People

At the April term, 1881, of the Criminal Court of Cook county, William Tobin was convicted of the crime of robbery, and sentenced to imprisonment in the penitentiary for the term of one year. This court is asked to reverse the judgment of the-court below, for two reasons:

First—Because two of the instructions asked by the defendant were not marked “given, ” or “refused, ” by the presiding judge.

The statute provision is: “And when instructions are asked which the judge can not give, he shall, on the margin thereof, write the word ‘refused,’ and such as he approves he shall write, on the margin…