Wells v. Head
Illinois Supreme Court
This was an action of trespass, for shooting a mare, of which shooting she died. The declaration is in the usual form, and a plea of general issue, and change of venue from Madison county to Jersey county for trial. Upon the trial of the suit before a jury, the plaintiff below introduced evidence tending to prove the defendant guilty of the trespass as alleged.
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This was an action of trespass, for shooting a mare, of which shooting she died. The declaration is in the usual form, and a plea of general issue, and change of venue from Madison county to Jersey county for trial. Upon the trial of the suit before a jury, the plaintiff below introduced evidence tending to prove the defendant guilty of the trespass as alleged. After the.closing of evidence, the defendant asked the court to give the following instruction: “ The court is requested to instruct the jury that if they have a reasonable doubt of the guilt of the defendant, they must find for the…
1Opinion of the Court
Catón, J.
Unless we are inclined to overrule our decision in the case of Webster v. The People, 14 Ill. 365, this judgment must be affirmed. In that case this question and the whole of it is expressly decided, and in a stronger case than this. That was an action of debt on a penal statute brought in the name of the State. This is a mere action of trespass brought by one citizen against another. There is no reason why the proof should be any stronger in this case than as if the action were trover, replevin or detinue, or even a simple action of assumpsit. It is a simple question of right…
2Cases cited1 opinion
- Webster v. PeopleIllinois Supreme Court · 1853
3Cited by2 opinions
- Wallace v. WallaceAppellate Court of Illinois · 1881
- Indiana Millers' Mutual Fire Insurance v. PeopleAppellate Court of Illinois · 1896