Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 187

Cover Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 187
Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 187
Illinois. Supreme Court
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In the Peri case we said (p. 24): "It is urged that the first of the People's instructions was wrong, because it fails to inform the jury that they must believe the facts supposed in the instruction to be true, beyond a reasonable doubt before they could find the accused guilty. * * * On a careful examination of the instructions, we find that, by the fifth of defendant's instructions, the jury are told that, unless they believe beyond a reasonable doubt thjit the defendant is guilty, they shoul...d acquit; and they are so informed in his sixth, and what constitutes a reasonable doubt is explained in the seventh. These instructions were all given, and we cannot, after so plain a direction on the part of the court, believe that the jury disregarded them. In the case of Kennedy v. People, 40 111. 488, it was held that, if the jury •were properly instructed as to a reasonable doubt in a portion of the People's instructions, it was not error to omit that expression in others given for the prosecution." The second objection, made to the eighth instruction, is that it ignores the doctrine of apparent danger.

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