Opinion
Gen. No. 41,711. (Abstract of Decision.)
Opinion filed November 28, 1941
CRIMINAL PROCEDURE, § 373 — conflicting evidence, conviction on testimony of one witness as error. In criminal prosecution, where defendant was charged with carrying concealed weapon on his person, and convicted and sentenced by trial court without jury, where evidence in trial court was not clear and convincing as to defendant's guilt, rule that conviction of accused may be had on testimony of one witness when evidence is clear and convincing, was inapplicable, and as evidence as to issue whether defendant had had such concealed weapon on his person being conflicting, and evidence of eyewitnesses present at time of alleged occurrence of crime being presented in trial court only by stipulation that their testimony would corroborate that formerly given by one or more witnesses both for prosecution and defendant, in view of fact such eyewitnesses were available to testify in open court, trial court's judgment of conviction was erroneous.
See Callaghan's Illinois Digest, same topic and section number.
Error to Municipal Court of Chicago; Hon. WILLIAM V. DALY, presiding.
Judgment reversed and cause remanded. Heard in second division, first district, this court at June term, 1941.
Cameron Latter and Louis M. March, for plaintiff in error; Thomas J. Courtney, State's Attorney, for defendant in error;
Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed November 28, 1941.