Barnes v. People
Illinois Supreme Court
The plaintiff in error was convicted of liorse stealing, at the Massac Circuit Court, at June term, 1855, Parish, Judge, presiding.
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The plaintiff in error was convicted of liorse stealing, at the Massac Circuit Court, at June term, 1855, Parish, Judge, presiding. The third instruction asked "by plaintiff in error, was as follows : “ If the jury should find from the evidence, that the horse in question was the property of Dugald Mclnnis, the indictment would not be supported by proof of the horse being the property of Dougal McGinnis, unless the jury are satisfied from the evidence, that the said Dugald Mclnnis, was usually known as well by one name as the other.” The horse had been taken from the possession of William…
1Opinion of the CourtScates, C. J.
The plaintiff was indicted and convicted of stealing the horse of Dougal McGinnis, though his real name was Dugald Mclnnis. It seems to us, that any supposed variance is amply met, and fully settled by the doctrine in relation to idem soncwis. The names, in ordinary enunciation, would be undistinguishable, and it would require particular distinctness in the enunciation of the letters, to make a difference apparent: * The court we think instructed properly as to the idem sonans, and that the party might also be as well known by the one name as the other. Whart. Am. Cr. Law, 278; 1 Tenn. it.…
2Cited by14 opinions
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- People v. GormachIllinois Supreme Court · 1922
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