Legal Opinion

Collins v. People

Illinois Supreme Court

Decided September 15, 1868PublishedCited by 5 opinions

Writ of Error to the Circuit Court of Grundy county; the Hon. Josiah McRoberts, Judge, presiding. This was an indictment for an assault and battery.

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Writ of Error to the Circuit Court of Grundy county; the Hon. Josiah McRoberts, Judge, presiding. This was an indictment for an assault and battery. Three of the jurors sitting upon the trial, stated that they had been informed of the circumstances in the case, and from these statements had become prejudiced against the prisoners, and had formed an opinion on the merits—such an opinion as would require evidence to remove, yet- believed they could decide the case upon the evidence without prejudice, fairly and impartially, and that what they had heard would not control or influence their…

1Opinion of the Court

Mr. Justice "Walker

delivered the opinion of the Court:

It appears from the record that plaintiffs in error were indicted for an assault and battery. It is not described as an aggravated assault, declared to be a misdemeanor in the fifty-second section of the criminal code. JSTor does it describe a riot, as defined in the one hundred and fourteenth section of the same code. The usual language employed to describe either of these offences is not used in this indictment.

It is insisted that the court below erred in refusing to allow the challenges of plaintiffs in error, to a number of jurors,…

2Cases cited2 opinions

  1. Gray v. PeopleIllinois Supreme Court · 1861
  2. Neely v. PeopleIllinois Supreme Court · 1852

3Cited by5 opinions

  1. People v. MoonIllinois Supreme Court · 2022
  2. Coughlin v. PeopleIllinois Supreme Court · 1893
  3. Barrelett v. BellgardIllinois Supreme Court · 1874
  4. Wharton v. PeopleAppellate Court of Illinois · 1881
  5. Coughlin v. PeopleIllinois Supreme Court · 1893

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