{
  "id": 5313620,
  "name": "Jason Gulliher et al. v. The People of the State of Illinois",
  "name_abbreviation": "Gulliher v. People",
  "decision_date": "1876-06",
  "docket_number": "",
  "first_page": "145",
  "last_page": "147",
  "citations": [
    {
      "type": "official",
      "cite": "82 Ill. 145"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T18:54:45.985227+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jason Gulliher et al. v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Hr. Justice Walker\ndelivered the opinion of the Court:\nThis was an indictment against plaintiffs in error, for robbery, upon which they were convicted.\nOn 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.\nThe court gave to the jury the following instruction:\n\u201c 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.\u201d\nException was taken by each of the plaintiffs in error to this ruling of the court.\nThe instruction was clearly erroneous. When analyzed, it plainly tells the jury that, \u201cif 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.\u201d 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.\nIf 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.\nThere is no force in the other objections urged by plaintiffs in error.\nFor this error, the judgment and verdict must be set aside, and the cause remanded for a new trial.\nJudgment reversed.",
        "type": "majority",
        "author": "Hr. Justice Walker"
      }
    ],
    "attorneys": [
      "Messrs. Williams, McKenzie & Calkins, for the plaintiffs in error.",
      "Mr. J. J. Tunnicliff, State\u2019s Attorney, for the People."
    ],
    "corrections": "",
    "head_matter": "Jason Gulliher et al. v. The People of the State of Illinois.\nWitness\u2014impeachment 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.\nWrit of Error to the Circuit Court of Knox county, the Hon. Arthur A. Smith, Judge, presiding.\nMessrs. Williams, McKenzie & Calkins, for the plaintiffs in error.\nMr. J. J. Tunnicliff, State\u2019s Attorney, for the People."
  },
  "file_name": "0145-01",
  "first_page_order": 151,
  "last_page_order": 153
}