Reynolds v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. At the June term, 1876, of the Knox county circuit court, S. Marion Reynolds, J. W. Mageors alias Bob Mageors and John Kibby were jointly indicted for the larceny of a steer, the property of James Thomas. Kibby was permitted to give-evidence on behalf of the State against his co-defendants, and was not himself arraigned.
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Writ of Error to the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. At the June term, 1876, of the Knox county circuit court, S. Marion Reynolds, J. W. Mageors alias Bob Mageors and John Kibby were jointly indicted for the larceny of a steer, the property of James Thomas. Kibby was permitted to give-evidence on behalf of the State against his co-defendants, and was not himself arraigned. On the trial Mageors was found guilty of larceny, and his punishment fixed at three years in the penitentiary, and Reynolds was found guilty as “ an accessory after the fact,”…
1Opinion of the CourtJustice Scott
It is very clear the conviction of Reynolds can not be sustained under the present indictment. Of the crime of larceny, for which he was indicted jointly with others, he was acquitted, but the principal being found guilty, he was found guilty as an “accessory after the fact.” This conviction is without warrant of law.
An accessory is defined in the statute to be one “ who stands by and aids, abets or assists, or who, not being present aiding, abetting or assisting, hath advised, encouraged, aided or abetted the perpetration of crime.” One thus guilty is considered a principal and punished…
2Cases cited2 opinions
- Beckwith v. PeopleIllinois Supreme Court · 1861
- Yoe v. PeopleIllinois Supreme Court · 1868
3Cited by8 opinions
- State v. JonesSupreme Court of Iowa · 1901
- People v. . SantoroNew York Court of Appeals · 1920
- State v. RorieSupreme Court of North Carolina · 1960
- Watts v. PeopleIllinois Supreme Court · 1903
- The People v. GlickmanIllinois Supreme Court · 1941
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