Perry v. People
Illinois Supreme Court
An indictment, alleging that the plaintiffs in error, in and upon one Sylvester Fairon, with a certain pistol, loaded with powder and ball, and with certain knives, feloniously, wilfully, unlawfully, and of their malice aforethought, did make an assault, with intent to kill the said Fairon, was found. On trial, the plaintiffs in error were found guilty. A motion for a new trial was denied. An exception was filed to the overruling of the motion for a new trial.
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An indictment, alleging that the plaintiffs in error, in and upon one Sylvester Fairon, with a certain pistol, loaded with powder and ball, and with certain knives, feloniously, wilfully, unlawfully, and of their malice aforethought, did make an assault, with intent to kill the said Fairon, was found. On trial, the plaintiffs in error were found guilty. A motion for a new trial was denied. An exception was filed to the overruling of the motion for a new trial. A motion was also filed in arrest of judgment, which was overruled. Exception was taken to the overruling of the motion in arrest. The…
1Opinion of the CourtScates, J.
Plaintiffs were indicted and convicted of an assault, with intent to commit murder.
The following are the only questions presented by the assignment of errors deemed important to notice.
At the instance of the prosecution, the court instructed the jury, that if they believed from the evidence that Perry fired the pistol either with malice prepense, or a total disregard of human life, then the law is for the people; and all parties acting with him, and with the same motive, are equally guilty, as accessories, under our laws.
Where the act is committed deliberately, and is likely to be attended…
2Cited by16 opinions
- The People v. WeisbergIllinois Supreme Court · 1947
- Patterson v. StateSupreme Court of Georgia · 1890
- Crosby v. PeopleIllinois Supreme Court · 1891
- People v. CrenshawIllinois Supreme Court · 1921
- The People v. O'HaraIllinois Supreme Court · 1928
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