Tarpley v. People of State
| Decision Date | 30 November 1866 |
| Citation | 1866 WL 4694,42 Ill. 340 |
| Parties | ELIJAH TARPLEYv.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of the county of Lawrence; the HON. AARON SHAW, Judge, presiding.
This was an indictment presented by the grand jury of Lawrence county against Elijah Tarpley, for an assault with a deadly weapon, with intent to inflict a bodily injury on one William Decker. The indictment contained two counts, the first of which was, on motion, quashed, and the plea of not guilty interposed to the other.
A trial was had by the court and a jury, resulting in a verdict of guilty. Defendant entered motions in arrest and for a new trial, which were overruled, and a judgment rendered for a fine of $200, and that defendant be imprisoned twelve hours in the county jail. He brings the case to this court and asks its reversal on several grounds.
Messrs. CANBY & WATSON, for the plaintiff in error.
Mr. THOMAS S. CASEY, State's attorney, for the people.
This was an indictment, in the Circuit Court of Lawrence county, found against plaintiff in error, charging an assault, with intent to inflict a great bodily injury on the person of William Decker, where no considerable provocation appeared, and the circumstances of the assault showed an abandoned and malignant heart. The assault was charged to have been committed with a pistol loaded with gunpowder and leaden balls, and percussion caps. A trial was had, resulting in a conviction. The defendant entered a motion for a new trial, which the court overruled, and imposed a fine of two hundred dollars, and ordered him to be confined twelve hours in the county jail. This writ of error is prosecuted to reverse that judgment.
It is urged, that the court below erred in overruling the motion for a new trial, because the evidence fails to sustain the verdict. Decker, the prosecuting witness, swears that accused arrested him as a deserter from the United States army. That, after arresting him, with a pistol in one hand, and holding him, by the collar, with the other, plaintiff in error forced him into Henry's grocery, and detained him in confinement for one hour. He also swears that he had not been in the army since the Mexican war. He, however, nowhere states that the accused presented the pistol in a menacing manner, or made any effort to shoot, or even threatened to do so at any time.
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