McCarty v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Kane county; the Hon. Sylvahus Wilcox, Judge, presiding. John McCarty was indicted in the court below, for the alleged murder of one Michael Kinsella. The trial resulted in a verdict of guilty of manslaughter, and the jury fixed the term of confinement in the penitentiary at ten years. A new trial was denied, and judgment entered upon the verdict, and the defendant thereupon sued out this writ of error.
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Writ of Error to the Circuit Court of Kane county; the Hon. Sylvahus Wilcox, Judge, presiding. John McCarty was indicted in the court below, for the alleged murder of one Michael Kinsella. The trial resulted in a verdict of guilty of manslaughter, and the jury fixed the term of confinement in the penitentiary at ten years. A new trial was denied, and judgment entered upon the verdict, and the defendant thereupon sued out this writ of error. The question arising upon the assignment of errors, is clearly set forth in the opinion of the court.
1Opinion of the CourtChief Justice Breese
The only point made on this record, deemed necessary to be noticed, is, that after the defendant had given evidence of his good character, by general reputation, permitting the prosecution to give in evidence particular acts of misconduct or crime, in rebuttal, and that, by rumors and reports in the country.
Were this the law, no person arraignéd for crime, in which his uniform good character prior to the alleged offense, which this court has said is an element proper for the jury to consider in the trial of all offenses, had been established by testimony, would incur the risk attendant upon…
2Cited by13 opinions
- The People v. WilsonIllinois Supreme Court · 1948
- Hirschman v. PeopleIllinois Supreme Court · 1881
- Addison v. PeopleIllinois Supreme Court · 1901
- Reddick v. StateSupreme Court of Florida · 1889
- People v. RedolaIllinois Supreme Court · 1921
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