Weaver v. People
Illinois Supreme Court
Wbit of Ebbob to the Circuit Court of Clay county; the Hon. C. S. Congee, Judge, presiding. Mr. Rufus Cope, and Mr. Gebshom A. Hoff, for the plaintiffs in error: The intent to murder is essential. If this element is wanting, the charge is not made out. The intent requisite is not merely to make an assault or to commit an offense, hut an intent to take life.
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Wbit of Ebbob to the Circuit Court of Clay county; the Hon. C. S. Congee, Judge, presiding. Mr. Rufus Cope, and Mr. Gebshom A. Hoff, for the plaintiffs in error: The intent to murder is essential. If this element is wanting, the charge is not made out. The intent requisite is not merely to make an assault or to commit an offense, hut an intent to take life. When an assault is made with malice aforethought, and. death results, the law presumes that the defendant intended the natural consequence which follows from his act. When death does not result, there can be no legal presumption except…
1Opinion of the CourtChief Justice Shops
Plaintiffs in error, Charles Weaver and Joseph Lebus, were jointly indicted at the September term, 1889, of the Clay county circuit court, for an assault with intent to murder one William H. Smith. A trial resulted in conviction and sentence of the defendants, severally, to the penitentiary, and they now prosecute this writ of error.
It is conceded that the indictment is sufficient to sustain the conviction, as it clearly is; but it is .contended, that the evidence of the specific intent charged is insufficient to authorize the verdict, and that the court erred in instructing the jury. About…
2Cases cited1 opinion
- Dunaway v. PeopleIllinois Supreme Court · 1884
3Cited by27 opinions
- Siebert v. PeopleIllinois Supreme Court · 1892
- The People v. CoolidgeIllinois Supreme Court · 1963
- People v. DuncanIllinois Supreme Court · 1913
- People v. ShieldsIllinois Supreme Court · 1955
- People v. CarterIllinois Supreme Court · 1951
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