Jackson v. the People.

Citation18 Ill. 269,1857 WL 5556,8 Peck 269
PartiesWILLIAM JACKSONv.THE PEOPLE.
Decision Date30 April 1857
CourtSupreme Court of Illinois

18 Ill. 269
1857 WL 5556 (Ill.)
8 Peck (IL) 269

WILLIAM JACKSON
v.
THE PEOPLE.

Supreme Court of Illinois.

April Term, 1857.


THE indictment of the plaintiff in error, for the murder of Roman Morris, was found in the county of Lake. He was tried and convicted by a jury of that county.

The court awarded him a new trial, and, at his instance, the venue was changed to Cook county, The cause was tried by a jury in the Cook circuit court, at the March term, 1857, and the jury found the defendant guilty in manner and form as charged in the indictment.

The defendant moved in arrest of judgment, and also for a new trial, both of which motions were overruled, and judgment was pronounced against the prisoner, upon the verdict aforesaid, which judgment is in these words:

“That the said defendant, William Jackson alias David Jones, be, by the sheriff of Cook county, taken from the bar of this court to the common jail of Cook county, from whence he came, and from thence, on the 14th day of May next, between the rising of the sun and the going down thereof, to the place of execution, and that he be then and there hung by the neck until he is dead,etc.

The defendant sued out a writ of error and obtained a supersedeas from this court, and now assigns for error, in substance, the insufficiency of the indictment, the insufficiency of the verdict, the insufficiency of the judgment.

The ground on which this court granted a supersedeas was the omission of the words “ of which” (mortal wounds the said Roman Morris died), and which omission would leave it uncertain whether the said Morris was killed by the blows of the prisoner, or died a natural death.

The record upon which said supersedeas was granted did show this omission; but the state's attorney has procured the original indictment, certified by the judge of the Cook circuit court, which is ready for the inspection of the court, and shows that the words “ of which” were in said original indictment. The indictment is as follows:

“The grand jurors chosen, selected and sworn, in and for

[18 Ill. 270]

the county of Lake, in the state of Illinois, in the name and by the authority of the state of Illinois, upon their oaths present, that William Jackson alias David Jones, late of said county, on the 4th day of August, in the year, etc., at the county aforesaid, in and upon one Roman Morris in the peace of the said people, then and there being, did, then and there, unlawfully, feloniously, wilfully, and of his malice aforethought, make...

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15 cases
  • State v. Sing
    • United States
    • United States State Supreme Court of Idaho
    • July 1, 1922
    ...... jury on all degrees of the offense. ( State v. Phinney, 13 Idaho 307, 12 Ann. Cas. 1079, 89 P. 634, 12. L. R. A., N. S., 935; People v. Dunn, 1 Idaho 74;. State v. Lindsey, 19 Nev. 47, 3 Am. St. 776, 5 P. 822.) A correct instruction does not cure an erroneous. instruction on ...( State v. Wetter, 11 Idaho 433, 83 P. 341; Commonwealth v. Webster, 5 Cush. (Mass.) 295, 52 Am. Dec. 711;. Jackson v. People, 18 Ill. 269; State v. Dolan, 17 Wash. 499, 50 P. 472; McCoy v. People, 175 Ill. 224, 51 N.E. 777; State v. Privitt, 175. Mo. 207, ......
  • State v. Dunlap
    • United States
    • United States State Supreme Court of Idaho
    • April 25, 1925
    ......936; Crawford. v. United States, 212 U.S. 183, 15 Ann. Cas. 392, 29. S.Ct. 260, 53 L.Ed. 465; Spicer v. State, 188 Ala. 9, 65 So. 972; People v. Smith, 151 Cal. 619, 91 P. 511; State v. Rutledge, 135 Iowa 581, 113 N.W. 461;. Powers v. Commonwealth, 114 Ky. 237, 70 S.W. 644,. 1050, 71 ... . The. instruction on malice is correct. (State v. Rogers,. 30 Idaho 259, 163 P. 912; State v. Dolan, 17 Wash. 499, 50 P. 472; Jackson v. People, 18 Ill. 269;. Commonwealth v. Webster, 5 Cush. (Mass.) 295, 52 Am. Dec. 711; McCoy v. People, 175 Ill. 224, 51 N.E. 777; State v. ......
  • State v. Hunter
    • United States
    • United States State Supreme Court of Idaho
    • December 29, 1934
    ......This is not corrected by an instruction giving a. correct statement of the law. (State v. Dunlap, 40. Idaho 630, 235 P. 432, 436; People v. Thomson, 92. Cal. 506, 28 P. 589; State v. Rogers, 30 Idaho 259,. 163 P. 912; Bershenyi v. People, 71 Colo. 432, 207 P. 591.). . . ...1945, sec. 3062; Commonwealth v. York, 50 Mass. 93, 9 Met. 93, 52 Am. Dec. 717; McCoy. v. People, 175 Ill. 224, 51 N.E. 777; Jackson v. People, 18 Ill. 269; Parsons v. People, 218. Ill. 386, 75 N.E. 993; People v. Wilson, 342 Ill. 358, 174 N.E. 398; Davidson v. State, 135 Ind. ......
  • State v. Lewis
    • United States
    • United States State Supreme Court of Missouri
    • October 8, 1929
    ......406;. State v. Carlisle, 57 Mo. 102; Green v. State, 13 Mo. 382; State v. Peek, 85 Mo. 190;. State v. Vansant, 80 Mo. 67; Jackson v. People, 18 Ill. 269; State v. Finkelstein, 269. Mo. 612; State v. Evans, 267 Mo. 163. (11) The court. erred in not sustaining the motion ......
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