Beckwith v. People
Illinois Supreme Court
At the November term of the Lee Circuit Court, A. D. 1860, before Eustace, Judge, an indictment was found against the plaintiff in error, for an assault with intent to commit murder, as follows: “ The grand jurors, chosen, selected and sworn, in and for the county of Lee, in the name and by the authority of the people of the State of Illinois, upon .their oaths present, that Oscar F. Beckwith, late of the county of Lee, on the tenth day of October, in the year of our Lord…
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At the November term of the Lee Circuit Court, A. D. 1860, before Eustace, Judge, an indictment was found against the plaintiff in error, for an assault with intent to commit murder, as follows: “ The grand jurors, chosen, selected and sworn, in and for the county of Lee, in the name and by the authority of the people of the State of Illinois, upon .their oaths present, that Oscar F. Beckwith, late of the county of Lee, on the tenth day of October, in the year of our Lord one thousand eight hundred and sixty, at and within the county of Lee, aforesaid, unlawfully, willfully, feloniously and…
1Opinion of the CourtCaton, C. J.
The only question which we think it necessary to notice is, whether the verdict is supported by the indictment. This is the verdict: “ We the jurors, find the defendant guilty of an assault with a deadly weapon, with intent to inflict a bodily injury upon the person of Emily Ann Bennett, where the circumstances of the assault showed an abandoned and malignant heart.”
The indictment was for an assault with an axe and a butcher knife, with intent to commit murder. Both these offenses are found in the fifty-second section of the criminal code. The rule of law is that where an indictment charges…
2Cited by14 opinions
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- Herman v. PeopleIllinois Supreme Court · 1889
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