In People v. Capello, 282 Ill. 542, 551, in discussing a People's instruction defining "peace of the People", it was observed that the allegation the victim of the homicide was in the "peace of the people" is not and never was necessary.
Summary of this case from People v. HusseyNovember 23, 2004.
Appeal from the County Ct, 9/30/04 (Erie).
Application in criminal cases for leave to appeal — Denied. (R.S. Smith, J.)
In People v. Capello, 282 Ill. 542, 551, in discussing a People's instruction defining "peace of the People", it was observed that the allegation the victim of the homicide was in the "peace of the people" is not and never was necessary.
Summary of this case from People v. HusseyFull title:PEOPLE v. CAPELLO
Court:Court of Appeals of the State of New York
Date published: Nov 23, 2004
These statements do not appear any place in the record or report of the trial proceedings, and are only made…
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