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Gulliher v. People

Jason Gulliher v. The People of the State of Illinois

Gulliher v. People, 82 Ill. 145 (1876)
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Court
Illinois Supreme Court · State Highest Courts
Decided
June 15, 1876
Judges
Walker
Citations
82 Ill. 145
Syllabus
Witness—impeachment 6y contradicting his statements. If a witness, whether defendant in a criminal proceeding or not, has sworn wilfully and knowingly false on any material matter, his whole evidence may be rejected, so far as it is not corroborated. But the mere fact that he is contradicted as to some material matter, is not enough to warrant the rejection of his testimony, unless the jury may believe he has sworn falsely and knew it to be false.
Summary
Writ of Error to the Circuit Court of Knox county, the Hon. Arthur A. Smith, Judge, presiding.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Walker

Text extracted by OCR from a scanned original; check the original for exact wording.

Hr. Justice Walker delivered the opinion of the Court:

This was an indictment against plaintiffs in error, for robbery, upon which they were convicted.

On the trial, Foote was sworn as a witness, and testified to matters which, if true, tended to rebut the proofs of the prosecution in material matters relating to himself and to his co-defendant. Tie was, however, in this contradicted by other witnesses.

The court gave to the jury the following instruction:

“ The court instructs the jury that while, under the statute, the defendants are permitted to testify, their credibility is left to the jury; and if the jury believe that the defendant, Alfred F. Foote, has sworn wilfully false, or been contradicted on a material point, then the jury have a right to disregard his whole testimony, unless corroborated by other testimony.”

Exception was taken by each of the plaintiffs in error to this ruling of the court.

The instruction was clearly erroneous. When analyzed, it plainly tells the jury that, “if they believe, from the evidence, that Alfred F. Foote has been contradicted on a material point, then the jury have a right to disregard his whole testimony, unless corroborated by other testimony.” This is not the law. The defendant in a criminal prosecution, in this respect, when he testifies, must be tried, as a witness, by the same rules which prevail as to other witnesses.

If the witness, whether defendant or otherwise, is shown, by proofs, to have sworn wilfully and knowingly false on any material matter, his evidence may be rejected, so far as it is not corroborated. Of course his interest in the result goes to his credibility, which the jury are to weigh. The mere fact, however, that he is contradicted as to some material matter, is not enough to warrant the rejection of his evidence altogether, unless the jury believe that, as to the matter in which he has been thus contradicted, he has sworn falsely, and knew his evidence was false.

There is no force in the other objections urged by plaintiffs in error.

For this error, the judgment and verdict must be set aside, and the cause remanded for a new trial.

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1903: 11907: 11912: 11934: 119032026peak 1903 · 1

Relies on it most ⓘ

  1. Chicago City Railway Co. v. Ryan80 N.E. 116 (Ill. 1907)
  2. Beedle v. People68 N.E. 434 (Ill. 1903)
  3. Painter v. Merchants & Manufacturers Bank277 Ill. App. 208 (1934)
  4. People v. Spencer171 Ill. App. 237 (1912)

Most recent

  1. Painter v. Merchants & Manufacturers Bank277 Ill. App. 208 (1934)
  2. People v. Spencer171 Ill. App. 237 (1912)
  3. Chicago City Railway Co. v. Ryan80 N.E. 116 (Ill. 1907)
  4. Beedle v. People68 N.E. 434 (Ill. 1903)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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