Bond v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. '• Henry Bond and John Shinn were indicted in the Circuit Court of Clinton county, on the 7th of March, 1865, for an assault, with intent to murder one John Love. The cause was afterward removed into the Circuit Court of Marion county on change of venue.
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Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. '• Henry Bond and John Shinn were indicted in the Circuit Court of Clinton county, on the 7th of March, 1865, for an assault, with intent to murder one John Love. The cause was afterward removed into the Circuit Court of Marion county on change of venue. A trial was had in that court at the March Term, 1865, in the progress of which the court, on behalf of the prosecution, gave this instruction : “ 2. And if the jury believe, from the evidence, that Bond and Shinn were together and acted in concert…
1Opinion of the CourtJustice Bbeese
The objection to the second instruction given for the people is well taken. It is this: “ If the jury believe, from the evidence, that Bond and Shinn were together, and acted in concert, at the time of the assault to murder was made, they should find them equally guilty. ”
The objection is obvious. By this instruction the jury are plainly told that the defendants made an assault to murder. Ho other meaning can be given to the language used. It amounts to a finding by the court of the very fact the jury were sworn to try. The intent with which the assault was made, if one was made, was for the…
2Cases cited2 opinions
- Armstong v. PeopleIllinois Supreme Court · 1865
- Hopkinson v. PeopleIllinois Supreme Court · 1857
3Cited by7 opinions
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- Smith v. PeopleSupreme Court of Colorado · 1869
- People v. HarrisIllinois Supreme Court · 1914
- Langford v. PeopleIllinois Supreme Court · 1890
- Sopris v. TruaxSupreme Court of Colorado · 1868
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