Dunn v. People of State

CourtSupreme Court of Illinois
Writing for the CourtCRAIG
Citation109 Ill. 635,1884 WL 9831
PartiesROBBINS P. DUNNv.THE PEOPLE OF THE STATE OF ILLINOIS.
Decision Date26 March 1884

109 Ill. 635
1884 WL 9831 (Ill.)

ROBBINS P. DUNN
v.
THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

Filed at Springfield Mar. 26, 1884.


[109 Ill. 636]

[109 Ill. 637]

[109 Ill. 638]

WRIT OF ERROR to the Circuit Court of McLean county; the Hon. OWEN T. REEVES, Judge, presiding.

Mr. THOMAS F. TIPTON, for the plaintiff in error:

A prisoner has the right to have a trial in a county where he can obtain a fair and impartial trial. Weyrich's case, 89 Ill. 90; Brennan v. The People, 15 Id. 511.

It being the policy of the law that every man charged with crime should have a fair and impartial trial, a change of venue may be awarded by consent. The People v. Scates, 3 Scam. 351.

Nor can the party object to the jurisdiction of the court to which the cause may be sent on his petition. Gardner v. The People, 3 Scam. 84; Weyrich's case, 89 Ill. 90.

The petition in this case clearly brought the prisoner within the requirements of the statute. The rule is, that whenever a prisoner, by petition verified by affidavit, brings himself within the requirements of the statute, the obligation of the judge is imperative, and admits of the exercise of no discretion. Clark v. The People, 1 Scam. 117; McGoon v. Little, 2 Gilm. 42.

It is only when the material facts are disputed that the court can pass upon the facts, as alleged. This right of change of venue has been applied by this court to cases of quo warranto, ( The People v. Shaw, 13 Ill. 581,) and is not a matter of discretion. Ensminger v. The People, 47 Ill. 384.

The case of Baum v. The People, 73 Ill. 259, was made under the statute of 1861, as was also Perteet's case, 65 Ill. 230, and Rafferty's case, 66 Id. 118. By the revision of 1874, act approved March 24, 1874, in force July 1, 1874, which is now in force, there is no discretion if the facts set up in the petition are not denied, or if there are sufficient facts

[109 Ill. 639]

that are undisputed to entitle the party to a change, and when the facts are contested the court must pass upon the same, and its findings are subject to review.

The prisoner was entitled to a continuance. Conley v. The People, 80 Ill. 236; Wray v. The People, 78 Id. 212.

The second of the People's instructions was improper, in virtually telling the jury they might disregard the defendant's testimony. Chambers v. The People, 105 Ill. 409.

When the nature and essence of a crime are made by law to depend upon the peculiar state and condition of the criminal's mind at the time, and with reference to the act done, drunkenness, as a matter of fact, affecting the state and condition of the criminal's mind, is a proper subject for consideration and inquiry by the jury. The question in such case is, “What is the mental status?Swaim v. State, 4 Humph. 136; Lancaster v. State, 2 Lea, 575; Pirtee v. State, 9 Humph. 663; Huila v. State, 11 Id. 154; The People v. King, 27 Col. 507; The People v. Eastman, 14 N. Y. 562; The People v. Harris, 29 Col. 678; Mayne's Law of Crimes, sec. 22; The People v. Hamill, 2 Parker's Cr. Rep. 223; State v. McCautz, 1 Speer, 384; Ferrell v. State, 43 Texas, 503; State v. Johnson, 64 Conn. 130; State v. Garvey, 11 Minn. 154; Moline v. State, 49 Ga. 210; State v. Bell, 29 Iowa, 316; Shannahan v. Commonwealth, 8 Bush, 403; Roberts v. The People, 19 Mich. 401; McIntyre v. The People, 38 Ill. 521.

Mr. ROBERT B. PORTER, State's Attorney, for the People:

The proof very clearly shows that the shooting was not accidental, but intentional. The defendant's own testimony shows he was not insane, for he says: “I knew it was wrong to shoot.” All the law books make legal responsibility to depend on the ability of the accused to distinguish right from wrong. Ray's Medical Jur. sec. 242; Haskell's case, Fish on Insanity, 83; Freeman v. The People, 4 Denio, 9; Willis v. The People, 32 N. Y. 715; Chitty's Medical Jur. 354; Rex

[109 Ill. 640]

v. Offord, 5 C. & P. 168; State v. Spencer, 1 N. J. 196; Commonwealth v. Rogers, 7 Metc. 500; 1 Russell on Crimes, 8; Commonwealth v. Mosler, 4 Barr, 264.

Counsel, after reviewing and commenting upon the cases cited by plaintiff in error, contended that there was no error in refusing to grant a change of venue or a continuance.

The instruction as to a reasonable doubt was based on the celebrated cases of Commonwealth v. Harman, 4 Barr, 269, and Commonwealth v. Webster, 5 Cush. 320, and is abundantly sustained by the decisions of this court in Kennedy v. The People, 40 Ill. 488; Earll v. The People, 73 Id. 329; Smith v. The People, 74 Id. 144; Miller v. The People, 39 Id. 457; May v. The People, 60 Id. 119; Connaghan v. The People, 88 Id. 468; Pate v. The People, 3 Gilm. 644; Jackson v. The People, 18 Ill. 270.

Mr. JUSTICE CRAIG delivered the opinion of the Court:

This was an indictment in the circuit court of McLean county, against Robbins P. Dunn, for an assault on Phœbe Dunn, with intent to commit murder. Upon a trial before a jury the defendant was found guilty, and his term of imprisonment in the penitentiary was fixed at seven years. To reverse the judgment of the circuit court the defendant sued out this writ of error.

The first alleged error is the decision of the court overruling defendant's petition for a change of venue. The ground set up and mainly relied upon in the petition was, that certain newspapers published in Bloomington had published prejudicial accounts of the alleged assault, and as they had a standing and large circulation in the county, by reason of such publications the minds of the inhabitants of the county were prejudiced against the defendant. The State's attorney filed a denial of the allegations contained in the petition, and in support of the denial he also filed counter affidavits of

[109 Ill. 641]

certain citizens who were well acquainted in the county, who state, in substance, that no prejudice exists in the county against the defendant. Among the affidavits filed was one made by the sheriff of the county, who...

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39 practice notes
  • Robinson v. State, 609
    • United States
    • United States State Supreme Court of Wyoming
    • January 10, 1910
    ...right. If counsel is deprived of sufficient time to prepare for trial a defendant is thereby deprived of counsel. (Dunn v. People, 109 Ill. 635; Kennedy v. State, 81 Ind. 379; Lindville v. State, 3 Ind. 580; State v. Poole, 50 La. Ann. 449; State v. Boyd, 37 La. Ann. 781; State v. Wilson, 3......
  • Spies v. People (In re Anarchists)
    • United States
    • Supreme Court of Illinois
    • September 14, 1887
    ...if it direct ‘a candid and impartial investigation of all the evidence in the case.’ Earll v. People, 73 Ill. 329; Dunn v. People, 109 Ill. 635; [122 Ill. 98]May v. People, 60 Ill. 119; Miller v. People, 39 Ill. 457; Connaghan v. People, 88 Ill. 460. An instruction that the jury are not lib......
  • Hollywood v. State, 654
    • United States
    • United States State Supreme Court of Wyoming
    • January 12, 1912
    ...and he was therefore practically denied his constitutional right to the assistance of counsel. (State v. Pool, 23 So. 503; Dunn v. People, 109 Ill. 635; Wray v. People, 78 Ill. 212; Conley v. People, 80 Ill. 236; State v. Simpson, 38 La. Ann. 24; State v. Ferris, 16 La. Ann. 425; State v. B......
  • State v. Boyles
    • United States
    • United States State Supreme Court of Idaho
    • August 4, 1921
    ...69 W.Va. 770, 73 S.E. 292; Johnson v. People, 202 Ill. 53, 66 N.E. 877; 16 C. J. 990, sec. 2398, p. 1029, sec. 2462; Dunn v. People, 109 Ill. 635; State v. Vansant, 80 Mo. 67; McKleroy v. State, 77 Ala. 95; People v. Padillia, 42 Cal. 535; Hughes on Instructions to Juries, sec. 187; Hodges ......
  • Request a trial to view additional results
39 cases
  • Robinson v. State, 609
    • United States
    • United States State Supreme Court of Wyoming
    • January 10, 1910
    ...right. If counsel is deprived of sufficient time to prepare for trial a defendant is thereby deprived of counsel. (Dunn v. People, 109 Ill. 635; Kennedy v. State, 81 Ind. 379; Lindville v. State, 3 Ind. 580; State v. Poole, 50 La. Ann. 449; State v. Boyd, 37 La. Ann. 781; State v. Wilson, 3......
  • Spies v. People (In re Anarchists)
    • United States
    • Supreme Court of Illinois
    • September 14, 1887
    ...if it direct ‘a candid and impartial investigation of all the evidence in the case.’ Earll v. People, 73 Ill. 329; Dunn v. People, 109 Ill. 635; [122 Ill. 98]May v. People, 60 Ill. 119; Miller v. People, 39 Ill. 457; Connaghan v. People, 88 Ill. 460. An instruction that the jury are not lib......
  • Hollywood v. State, 654
    • United States
    • United States State Supreme Court of Wyoming
    • January 12, 1912
    ...and he was therefore practically denied his constitutional right to the assistance of counsel. (State v. Pool, 23 So. 503; Dunn v. People, 109 Ill. 635; Wray v. People, 78 Ill. 212; Conley v. People, 80 Ill. 236; State v. Simpson, 38 La. Ann. 24; State v. Ferris, 16 La. Ann. 425; State v. B......
  • State v. Boyles
    • United States
    • United States State Supreme Court of Idaho
    • August 4, 1921
    ...69 W.Va. 770, 73 S.E. 292; Johnson v. People, 202 Ill. 53, 66 N.E. 877; 16 C. J. 990, sec. 2398, p. 1029, sec. 2462; Dunn v. People, 109 Ill. 635; State v. Vansant, 80 Mo. 67; McKleroy v. State, 77 Ala. 95; People v. Padillia, 42 Cal. 535; Hughes on Instructions to Juries, sec. 187; Hodges ......
  • Request a trial to view additional results

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