The People v. Bruner

Mr. Justice; Duncan,

dissenting:

Section 176 of the, revised and private laws of Illinois of 1827, pages 162, 163, is in the following language: “All trials for criminal offenses, shall be conducted according to the course of the common law, except where this act points out a different mode; and the rules of evidence of the common law shall also, unless changed by this act, be binding upon all courts and juries in criminal cases. Juries shall in all cases be judges of the law and the fact.” The last provision of said section that juries shall in all cases be judges of the law and the fact has…