Reports Of Cases At Common Law And In Chancery Argued And Determined In The Supreme Court Of The State Of Illinois

Author : Samuel Pashley Irwin
Publisher : Forgotten Books
ISBN 13 : 9780331787252
Total Pages : 702 pages
Book Rating : 4.7/5 (872 download)

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Download or read book Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, Vol. 261 written by Samuel Pashley Irwin and published by Forgotten Books. This book was released on 2017-11-23 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois, Vol. 261: Containing Cases in Which Opinions Were Filed in December, 1913, and February, 1914, and Cases Wherein Rehearings Were Denied at the February Term, 1914 It is urged that the plaintiff in error was clearly guilty and therefore the improper cross-examination and incom petent evidence did him no injury. That was the issue for the jury to try, and the law does not provide one method for trying innocent persons and another for trying guilty persons. The plaintiff in error had a right to a trial by jury on competent evidence and to have his witness appear without any illegal disparagement of his credibility. The question is not what, with the 'aspersions against the wit ness wrongfully appearing in the record, we may think of the guilt or innocence of the plaintiff in error, but what would the jury have done if the case had been submitted to them without those aspersions. The rule that a judgment will not be reversed where the evidence clearly establishes the defendant's guilt does not justify the total disregard of the rights of a prisoner upon his trial for an alleged crime. He still has a right to be tried by the law of the land, and a conviction secured by a trial in total disregard of that law cannot be sustained. The plaintiff in error has not had a fair trial, and we are not able to say that the jury upon such a trial might not have had a reasonable doubt of his guilt. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.