Campbell v. People
Illinois Supreme Court
Writ op Error to the Circuit Court of Hamilton county; the Hon. C. C. Boggs, Judge, presiding. John Campbell, the plaintiff in error, and Nancy Cook, the prosecuting witness, were jointly indicted at the February term, 1894, of the Hamilton circuit court, for the murder of the newly born babe of the said Nancy. Campbell alone was tried.
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Writ op Error to the Circuit Court of Hamilton county; the Hon. C. C. Boggs, Judge, presiding. John Campbell, the plaintiff in error, and Nancy Cook, the prosecuting witness, were jointly indicted at the February term, 1894, of the Hamilton circuit court, for the murder of the newly born babe of the said Nancy. Campbell alone was tried. He was .convicted, and sentenced to imprisonment for fourteen years in the penitentiary, principally upon her testimony, there being little or no other evidence tending to fasten the crime on him. This writ of error was sued out to reverse that judgment. At…
1Opinion of the CourtJustice Carter
As will be seen from the statement of the case, no direct or positiye evidence was produced showing that the child of Nancy Cook was dead, or, if dead, that its death was caused by the criminal agency of plaintiff in error. If Nancy Cook’s testimony be taken as true, the child, though of premature birth, was born alive. She testified that she felt it move and heard it cry; that it moved again when plaintiff in error cut the cord. Whether it survived that operation or not the evidence is silent. But she testified that he was the father of the child, and had told her that if she would not…
2Cases cited11 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- People v. . PalmerNew York Court of Appeals · 1888
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- Hoyt v. PeopleIllinois Supreme Court · 1892
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3Cited by50 opinions
- The PEOPLE v. JonesIllinois Supreme Court · 1961
- Government of the Virgin Islands v. Raphello Harris, Sr.Court of Appeals for the Third Circuit · 1991
- People v. LuederIllinois Supreme Court · 1954
- The People v. WillsonIllinois Supreme Court · 1948
- People v. EhlertIllinois Supreme Court · 2004
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