(Download) "People v. Hister" by Supreme Court of Illinois " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Hister
- Author : Supreme Court of Illinois
- Release Date : January 19, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The defendant, Cleo Hister, and Joe Newson were jointly indicted and tried for the murder of Richard Wilson, found guilty by a jury, and each sentenced to serve 16 to 30 years in the penitentiary. In a separate appeal, Newson's conviction was reversed by the Appellate Court for the First District because the evidence failed to establish his guilt beyond a reasonable doubt. (People v. Newson (1971), 133 Ill. App.2d 511.) On this appeal, a different division of that court reversed Hister's conviction for the same reason, one judge dissenting (20 Ill. App.3d 933), and we granted the State's petition for leave to appeal. The State contends that the evidence was not palpably contrary to the jury's verdict and that the appellate court erred by substituting its judgment for that of the trier of fact as to the credibility of the witnesses and the weight to be given their testimony. It is also argued that the appellate court improperly placed substantial reliance on the previous opinion reversing Newson's conviction which had been based on an accountability theory supported wholly by circumstantial evidence while Hister's conviction was based on stronger, more direct evidence. We cannot agree, for, in our judgment, the appellate court opinion is clearly based on its independent analysis of the evidence against Hister which, although stronger than the evidence against Newson, is simply too confusing and contradictory to establish Hister's guilt beyond a reasonable doubt.