Hiner v. People of State
| Decision Date | 30 April 1864 |
| Citation | 1864 WL 2985,34 Ill. 297 |
| Parties | HENRY S. HINERv.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
ERROR to Circuit Court of Stark County.
Indictment for an obstruction of a public highway, the first and second counts of which charged Hiner with unlawfully, with force and arms, erecting and building a fence, thereby obstructing the public road, and then and there by said fence and said obstruction rendering the said public road inconvenient to pass; and the third count of which charged him with unlawfully, with force and arms, erecting and building a fence, thereby then and there obstructing the said public road; and with, from the sixteenth day of August A. D. 1861, continuing said obstruction in and across said public road until the day of finding the indictment, thereby during all that time rendering the said public road inconvenient to pass.
The following instructions were given for the people, to the giving of which the defendant excepted.
(4) “The monuments or corner run to by the surveyor in surveying the road, and the staking and laying out of the road, must always control in determining the location of the road; and the field notes and plat returned by the surveyor are but matter of description which serve to assist in determining the place where the road was actually located.
(5) In determining the boundaries of land in this state, the original mounds or monuments must govern as to the location of the line, although the line may, by following such original mounds, be made a crooked or deflected line. And if the original mounds have once been discovered and recognized by a county surveyor as original corners, a county surveyor who might be subsequently elected would have no right to disregard such original corners and establish a different line, though such a line might be a straight one.
(6) If the jury believe from the evidence, that Berfield actually surveyed and located the road on the deflected line, under proper authority, that would be the true line of the road, although the true section line might be south of that. The actual survey and staking and viewing of the road, upon the ground where it is laid, constitute the location, and the markings and lines made by the surveyor and viewers upon the plat, do not constitute the location of the road, provided the road was actually opened upon that line.”
(5) The defendant requested the court to give the following instruction, which was refused in the form asked, but given with the qualification indicated by italics, to which qualification defendant excepted.
“Though the viewers and surveyors may in fact have traveled or run upon a deflected line over the defendant's land, yet if they did not mark the route by stakes, monuments or other visible signs, showing where they laid the road, and in their report and survey they state they viewed and located the road according to the plat and survey, then the plat and survey will show the true route and location of said road. The report of road viewers, plat, surveys and field notes of the surveyor in viewing and locating roads, at the time the road in controversy was alleged to...
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...the general verdict of guilty is supported, although the first count is defective * * *." Curtis, 1 Ill. at 260. See also Hiner v. People, 34 Ill. 297, 304 (1864) (a rule of "uniform application" is that a general verdict may be sustained, although some counts are faulty, if there be "one g......
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... ... Streeter, for plaintiff in error. 247 Ill. 140]W. H. Stead, Atty. Gen., and John E. W. Wayman, State's Atty. (Thomas Marshall, Frederic Burnham, and Clyde Smith, of counsel), for the People. [247 Ill. 132 [93 N.E. 101] Edward McCann, plaintiff in ... Hiner v. People, 34 Ill. 297;Mayes v. People, 106 Ill. 306, 46 Am. Rep. 698;Sahlinger v. People, 102 Ill. 241;Ochs v. People, 124 Ill. 399, 16 N. E ... ...
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Gallagher v. People
...on a general verdict will be sustained, even though some of the counts are faulty, if there be one good count in the indictment. Hiner v. People, 34 Ill. 297;Ochs v. People, 124 Ill. 399, 16 N. E. 662. It is next insisted that there is no averment in any count of the indictment from which i......
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...to which the proof is applicable. People v. Cardona, 158 Ill.2d 403, 411, 199 Ill.Dec. 667, 634 N.E.2d 720 (1994). See also Hiner v. People, 34 Ill. 297, 304 (1864) (a rule of “uniform application” is that a general verdict may be sustained, although some counts are faulty, if there be “one......