Koser v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Carroll county; the Hon. R. S. Earrand, Judge, presiding. Edward Koser and his two sons, Frank and Jesse, were indicted by the grand jury of Carroll county for the murder of Jacob Weaver. Upon the trial Edward and Frank were acquitted and Jesse was convicted of murder and his punishment fixed at a life sentence in the penitentiary.
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Writ op Error to the Circuit Court of Carroll county; the Hon. R. S. Earrand, Judge, presiding. Edward Koser and his two sons, Frank and Jesse, were indicted by the grand jury of Carroll county for the murder of Jacob Weaver. Upon the trial Edward and Frank were acquitted and Jesse was convicted of murder and his punishment fixed at a life sentence in the penitentiary. After overruling motions for a new trial and in arrest the court entered judgment on the verdict, and this writ of error is sued out to bring the record into review in this court. Plaintiff in error was about seventeen years…
1Opinion of the CourtJustice Vickers
i. Plaintiff in error contends that the fifth count in the indictment is insufficient and should have been quashed. The other counts are not questioned, but it is said there was a variance between such other counts and the evidence. The verdict being general, if there are any good counts to which the proofs are applicable the verdict will be presumed to be based on such sufficient counts. The alleged variance concerns the cause of death. The charge in the third, fourth and sixth counts is, that death was the result of injuries inflicted by “striking” and “beating” the deceased with the fist.…
2Cases cited6 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Kelley v. StateIndiana Supreme Court · 1876
- Crowell v. PeopleIllinois Supreme Court · 1901
- Cunningham v. PeopleIllinois Supreme Court · 1902
- Panton v. PeopleIllinois Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. ShieldsIllinois Supreme Court · 1955
- The PEOPLE v. WintersIllinois Supreme Court · 1963
- The People v. MeyersIllinois Supreme Court · 1945
- The People v. MotuzasIllinois Supreme Court · 1933
- The People v. MarrowIllinois Supreme Court · 1949
5 more not listed; retrieve them via the Exa API.