Legal Opinion

Barnett v. People

Illinois Supreme Court

Decided June 15, 1870PublishedCited by 30 opinions

Writ of Error to the Circuit Court of Gallatin county; the Hon. Andrew D. Duff, Judge, presiding. At the August term, 1863, of the circuit court of Saline county, James Barnett was indicted for the alleged murder of John Seets. The cause was continued from term to term, until the April term 1866, when a trial was had, resulting in a verdict of guilty of manslaughter, and thereupon a new trial was granted.

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Writ of Error to the Circuit Court of Gallatin county; the Hon. Andrew D. Duff, Judge, presiding. At the August term, 1863, of the circuit court of Saline county, James Barnett was indicted for the alleged murder of John Seets. The cause was continued from term to term, until the April term 1866, when a trial was had, resulting in a verdict of guilty of manslaughter, and thereupon a new trial was granted. At the-September term, 1866, the cause was removed into the circuit court of Gallatin county on change of venue. A second trial was had at the May term, 1869. The testimony given as the…

1Opinion of the CourtJustice Walker

It is urged that the evidence in this case fails to sustain the verdict of the jury; that it does not establish the guilt of accused beyond a reasonable doubt, or that Seets was killed at the time and place charged. It appears, from the evidence, that there was no reasonable doubt of enmity existing between deceased and accused before the death of the former, and that they left town in the same wagon. Just before they left, accused stated, he had learned that Seets had threatened to whip him, and was then advised not to go with him, as there were two of the Seets’, but he affirmed he would…

2Cases cited3 opinions

  1. Brennan v. PeopleIllinois Supreme Court · 1854
  2. Marshall v. Chicago & Great Eastern Railway Co.Illinois Supreme Court · 1868
  3. Iglehart v. JerneganIllinois Supreme Court · 1855

3Cited by30 opinions

  1. People v. McCutcheonIllinois Supreme Court · 1977
  2. People v. TennantIllinois Supreme Court · 1976
  3. People v. MuhlnerCalifornia Supreme Court · 1896
  4. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  5. Montgomery v. StateIndiana Supreme Court · 1881

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