People v. Frioni

Appellate Court of Illinois

People v. Frioni

186 Ill. App. 215

CourtAppellate Court of Illinois

DecidedNovember 13, 1913

DocketGen. No. 5,836

StatusPublished

This text of 186 Ill. App. 215 (People v. Frioni) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Frioni, 186 Ill. App. 215 (Ill. Ct. App. 1913).

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Opinion

Mr. Justice Dibell

delivered the opinion of the court.

3. Cbimihal law, § 305*—when instruction as to contradiction of defendant’s testimony by other xoitnesses erroneous. An instruction that the jury may take into consideration the fact, if such is a fact, that defendant has been contradicted by other witnesses, held erroneous as not being made to apply to other witnesses who were contradicted. 4. Cbimlnal law, § 309*—when instruction on reasonable doubt improver. An instruction given for the People, relating to the subject of reasonable doubt, was a stock instruction often approved, except that there was inserted therein the following: “To acquit under the influence of doubts unreasonably created from whatever cause is a virtual violation of the juror’s oath, and an offense of great magnitude against the interests of society,” held improper as being an effort to frighten or drive the jury to a conviction.

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Mr. Justice Dibell

delivered the opinion of the court.

3. Cbimihal law, § 305*—when instruction as to contradiction of defendant’s testimony by other xoitnesses erroneous. An instruction that the jury may take into consideration the fact, if such is a fact, that defendant has been contradicted by other witnesses, held erroneous as not being made to apply to other witnesses who were contradicted. 4. Cbimlnal law, § 309*—when instruction on reasonable doubt improver. An instruction given for the People, relating to the subject of reasonable doubt, was a stock instruction often approved, except that there was inserted therein the following: “To acquit under the influence of doubts unreasonably created from whatever cause is a virtual violation of the juror’s oath, and an offense of great magnitude against the interests of society,” held improper as being an effort to frighten or drive the jury to a conviction.

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Bluebook (online)

186 Ill. App. 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-frioni-illappct-1913.