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All Reporters → ill-lexis → Volume 1967

Opinions in ill-lexis Volume 1967

39 Ill.2d 11 (1967) 233 N.E.2d 568 THE PEOPLE ex rel. Bernard J. Korzen, County Collector, Appellant, v. AMERICAN AIRLINES, INC., Appellee. No. 40607. Supreme Court of Illinois. Opinion filed November 30, 1967. Rehearing denied January 18, 1968. *12 JOHN J. STAMOS, State's Attorney, of Chicago, (EDWARD J. HLADIS and THEODORE M. SWAIN, Assistant State's Attorneys, of counsel,) for appellant. SPRAY...
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delivered the opinion of the court: The defendant, Leonard Cummings, was convicted of unlawful possession of narcotic drugs in a bench trial in criminal court of Cook County on November 28, 1961, and was sentenced to the penitentiary for a term of not less than 2 nor more than 10 years. The case is before us on a writ of error to review the conviction. Defendant’s sole contention is that an i...
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delivered the opinion of the court: After a bench trial in the criminal court of Cook County Rubin Smith was found guilty of the illegal sale of narcotics and was sentenced to imprisonment for not less than ten years nor more than twenty. He seeks review in this court asserting as a basis for jurisdiction on direct review that his constitutional rights were violated at the trial. It appears t...
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delivered the opinion of the court: The defendant, James Clay, and Ronald Valentine were indicted by the grand jury of the criminal court of Cook County for the crime of rape. Charles Duncan was included in the indictment as an accessory after the fact but he obtained a severance and testified for the State against the defendant and Valentine, who were tried together on May 26, 1958, by the cou...
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delivered the opinion of the court: We earlier (People v. Boney, 28 Ill.2d 505) affirmed defendant Fred Boney’s conviction of rape and armed robbery. He thereafter filed in the Cook County circuit court a pro se petition for relief under the Post-Conviction Hearing Act, accompanied by a transcript of the original proceedings. The State’s motion to dismiss this petition was allowed, the trial co...
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delivered the opinion of the court: Defendant, Clark Allen, was convicted of selling narcotics by a jury in the criminal court of Cook County and was sentenced to the penitentiary for a term of not less than 15 nor more than 20 years. On August 5, 1963, he filed a petition, pro se, for relief under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1963, chap. 38, pars. 826-832.) On motion of th...
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delivered the opinion of the court: In this declaratory judgment action the circuit court of Cook County, upon motion of the parties, entered summary judgment in favor of plaintiff, Rosewood Corporation, against defendant, Illinois Bell Telephone Company, for $3445.43. The Appellate Court, First District, affirmed (69 Ill. App. 2d 331) and we granted leave to appeal. Plaintiff became the owne...
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delivered the opinion of the court: This appeal by the defendant,. the Atchison, Topeka and Santa Fe Railway Company, comes to this court through a certificate of importance issued by the Appellate Court, First District, certifying that questions of daw of such importance are involved that they should be passed on by this court. The questions presented are: (1) whether a violation of the Federal S...
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delivered the opinion of the court: Defendant, Garland Walston, pleaded guilty in the circuit court of Cook County to a charge of armed robbery and was sentenced to 3-10 years imprisonment. He appealed to the First District Appellate Court, alleging that the trial court erred in refusing to allow him to withdraw his plea. The appellate court rejected this contention (71 Ill. App. 2d 407), and w...
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delivered the opinion of the court: The defendants, Robert Powell, Julian Peto, and William Rose, were convicted of burglary in the circuit court of Peoria County in April, 1966, and each was sentenced to a term' of not less than 5 nor more than 8 years in the Illinois State Penitentiary. Following denial of their motions for a new trial and in arrest of judgment, the defendants bring this appe...
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delivered the opinion of the court: The defendants, Teitel Film Corporation and Charles Teitel, appeal directly to this court from orders of the circuit court of Cook County permanently enjoining the defendants from showing certain motion pictures in public places in the city of Chicago. The injunction orders were issued as a result of separate proceedings brought by the members of the Mot...
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delivered the opinion of the court: On February 5, 1962, Leo E. Murphy and Sara E. Murphy, his wife, entered into a written agreement as follows: “1) That we will make and execute with due and legal formalities the following joint and mutual Will devising and bequeathing all property we now own or shall hereafter own jointly, and that we now own or shall hereafter own by either of us as provi...
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delivered the opinion of the court: On July 27, 1965, the circuit court of Winnebago County entered an order which found that the defendant, John Lewis Box, was the father of a child born out of wedlock to the plaintiff, Lois Brown, on April 19, 1954. On the same date, the court entered another order which directed the defendant to pay the expenses of the plaintiff during her pregnancy, confine...
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delivered the opinion of the court: After trial by jury in the circuit court of Cook County, defendant, Oscar Jordan, was found guilty of the murder of Lawrence Waters and sentenced to a term of not less than 40 nor more than 60 years. He brings direct appeal contending that the failure to appoint counsel until 6 weeks after his arrest on a capital charge, leaving him unrepresented at the coron...
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delivered the opinion of the court: In October of 1957 the defendant, Conrad J. Strader, was convicted of murder after a trial before the court without a jury and was sentenced to the penitentiary for a term of fifty years. The judgment was affirmed on writ of error. (23 Ill.2d 13.) Thereafter, in 1962, the defendant filed a petition under the Post-Conviction Hearing Act alleging that his const...
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delivered the opinion of the court: This is a direct appeal from the dismissal on the pleadings by the circuit court of Cook County of a complaint for an injunction and damages for alleged malicious interference with contractual rights. The action was instituted by attorneys Alvin P. Herman and Theodore Tannebaum, and certain of their personal injury clients on behalf of themselves and 87 other al...
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delivered the opinion of the court: This stockholders’ derivative suit was initiated by the plaintiff, Edith Kritzer Paulman, and her sister for the benefit of the defendant Kritzer Radiant Coils, Inc., a Delaware corporation, herein called KRC, against a brother, Henry E. Kritzer, Sr. and others alleging that Kritzer violated the fiduciary duty owed by him to KRC, as an officer and director, a...
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delivered the opinion of the court: The defendant, Sylvester Hubbard, was found guilty on two separate indictments for rape which were consolidated for trial in the circuit court of Cook County in 1964. He was sentenced to the penitentiary for a term of 40 to 60 years. The Appellate Court, First District, affirmed the conviction. 73 Ill. App. 2d 302. We granted leave to appeal. The defendant ...
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delivered the opinion of the court: I. C. Head, an employee of the Rockford Transit Corporation, filed a claim under the Workmen’s Occupational Diseases Act for disability due to emphysema. An award was confirmed by the circuit court of Winnebago County, and the employer appeals directly to this court. The question is whether aggravation of the disease by the conditions of his employment is com...
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delivered the opinion of the court: Defendant, Freeman R. Williams, was convicted by a jury in the circuit court of Vermilion County for the double murder of his wife, Vivian Williams, and his sister, Maxine Schultz. He was sentenced to the penitentiary on each conviction for a term of 30 to 50 years, to be served concurrently. He appeals, alleging violations of his constitutional rights to d...
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delivered the opinion of the court: On December 15, 1959, applicant, Springfield Van and Storage Co., filed an application with the Motor Carrier of Property Division of the Illinois Commerce Commission, defendant, for a certificate of public convenience and necessity seeking authority to operate as a common carrier of household goods and used office furniture and equipment between points and plac...
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delivered the opinion of the court: The circuit court of Kane County, after a hearing, entered an order authorizing the city of Aurora to demolish a building situated at 116 East New York Street on the basis that it was in a dangerous and unsafe condition. One of the owners (herein called defendant) appeals, contending that the statute purporting to provide for such action is unconstitutional a...
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delivered the opinion of the court: This appeal is from an order of the circuit court of Cook County dismissing a petition for a hearing under the postgonvigtion provisions of the Code of Criminal Procedure. Petitioner was convicted in a bench trial of unlawful sale of narcotics and sentenced to life imprisonment. In his petition and accompanying affidavits he states that since his conviction...
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delivered the opinion of the court: A complaint was filed in the first municipal district of the circuit court of Cook County, on May 12, 1966, charging the defendant, Hinda Baskin, with the crime of theft of property of the value of $5 from Walgreen Drug Company. On the same date the defendant demanded a trial by jury and posted a bond. On May 26, the date to which the cause had been continued...
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delivered .the opinion of the court: Plaintiffs, William Crumpler, John Turner and Francis Myrick, former justices of the peace in defendant county of Logan, appeal from an order of the trial court granting a motion to dismiss their complaint in a suit to acquire monies to be paid under an alleged contract of employment. The jurisdiction of this court on direct appeal rests on the constitutiona...
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delivered the opinion of the court: Leonard Williams was indicted for illegal possession of narcotics. He waived a jury trial, was tried by the court, found guilty, and sentenced to imprisonment for not less than two years nor more than two years and one day. He appeals directly to this court, asserting a question arising under the constitutions of the United States and of this State. His conte...
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delivered the opinion of the court: . Rock Island Transfer and Storage Company (hereafter Rock Island) and Michigan Express, Inc., are common carriers by motor vehicle of property. They jointly applied to the Illinois Commerce Commission for authority to transfer Rock Island’s certificate of public convenience and necessity as a common carrier to Michigan Express. Appellees, who are appare...
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delivered the opinion of the court: This appeal involves the constitutionality of section 6 — 206 of the Illinois Motor Vehicle Law (Ill. Rev. Stat. 1965, chap. 95 J2, par. 6 — 206) which authorizes the Secretary of State to suspend or revoke a driver’s license under certain circumstances. Plaintiff, Anthony Haswell, was convicted of three offenses against traffic regulations governing the...
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delivered the opinion of the court The defendant, Vladamire Georgev, indicted for burglary in Kendall County, was found guilty by a jury on March 25, 1963. He received a sentence of not less than 4 years nor more than 10 years. He seeks to review a denial by the circuit court of Kendall County of his petition under the Post-Conviction Hearing Act, which petition alleged that his trial did not...
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delivered the opinion of the court: A jury found the defendant, Frank Costa, guilty of the murder of William Korenchik, and he was sentenced to imprisonment for a term of not less than twenty-five years nor more than fifty years. His first contention on this appeal is that statements which he gave to a police officer and to an assistant State’s Attorney should have been excluded on constitution...
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delivered the opinion of the court: James Tate was convicted of gambling and placed on three years probation following a bench trial in the circuit court of Cook County. In this direct appeal he urges that he was subjected to an unreasonable search and seizure violating both State and Federal constitutional requirements. About 8:30 P.M. on September 20, 1965, defendant was stopped in Chicago ...
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delivered the opinion of the court: The sole question presented here is the sufficiency of a complaint for a warrant to search defendant’s person. The circuit court of Lake County found the complaint insufficient and ordered that the evidence obtained thereunder be suppressed. The Appellate Court for the Second District held the complaint sufficient and reversed and remanded the cause for furth...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook County affirming a dismissal of the employee’s claim by the Industrial Commission. The claimant was walking to the plant of her employer just prior to her shift which began at seven o’clock in the morning. It was snowing and the streets were icy and slippery. The employer maintained a parking lo...
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delivered the opinion of the court: The Board of Managers and Committee on Grievances of the Chicago Bar Association, as commissioners of this court under Rule 59 (now Sup. Ct. Rule 751), filed a report recommending that respondent John W. Damisch be suspended from the practice of law for a period of one year. Respondent has objected to this recommendation on various grounds. Respondent was a...
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delivered the opinion of the court: Ruth Fanning brought an action- for personal injuries in the circuit court of Jefferson County against the operators of a laundromat, the U.S. Rubber Company, and Montgomery Ward and Company. On motion of the defendants the court dismissed the complaint as to all three defendants. The plaintiff appealed to the Appellate Court, Fifth District, which reversed t...
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delivered the opinion of the court: Petitioner, Jerry Dean Clements, was convicted of burglary in the circuit court of Franklin County and on direct appeal to this court his conviction was affirmed. (People v. Clements, 28 Ill.2d 534.) Subsequently, he filed a petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, chap. 38, pars. 122 — 1 et seq.), alleging that at trial he suffer...
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delivered the opinion of the court: The defendant, Theodore Wayne Lefler, was indicted by the grand jury of McDonough County for the murder of his infant daughter. A change of venue was granted and the cause was tried by jury in Knox County, resulting in a verdict finding the defendant guilty of involuntary manslaughter. He was sentenced to the penitentiary for a term of not less than 9 nor mor...
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delivered the opinion of the court: In this action for specific performance of an option contract for the sale of 440 acres of land, the circuit court of Hamilton County entered a decree directing the defendants, Denis Raben and Louella Raben, his wife, to execute a deed conveying the property in question to the plaintiffs, John D. Hux and Olga M. Hux, his wife, who are remote assignees of...
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delivered the opinion of the court: This case raises a question of first impression in this court — whether a judge has the power to suspend a penalty he has assessed for the violation of a municipal ordinance. A magistrate of the circuit court of Cook County found the defendant, Jay D. Bragg, guilty of violating two traffic ordinances of the village of Park Forest, one involving driving under ...
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delivered the opinion of the court: North Shore Post No. 21 of the American Legion, an Illinois not-for-profit corporation, filed a complaint in the circuit court of Cook County seeking a declaratory judgment that its headquarters building is exempt from taxation and an injunction against the collection of 1964 real-estate taxes on the property. The trial court held section 19.18 of the Revenue Ac...
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delivered the opinion of the court: Robert Lee Smith, the defendant, was charged with theft of an automobile. He waived a jury trial, was tried and. found guilty by the court, and was sentenced to imprisonment for not less than two nor more than five years. The Appellate Court, First District, affirmed (73 Ill. App. 2d 62), and we granted leave to appeal. The evidence is set out in the opinion ...
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delivered the opinion of the court: Defendant, Donald F. Underhill, was convicted of burglary in the circuit court of Kane County and sentenced to the penitentiary for a term of not less than 2 nor more than 12 years. He appeals from this conviction, contending that his confession was obtained by constitutionally impermissible means, that he was not proved guilty beyond a reasonable doubt, and ...
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delivered the opinion of the court: On May 17, 1965, the LaSalle County grand jury returned an indictment charging the defendant, Nancy Patrick, with the crime of theft. The defendant having moved to dismiss the indictment on the ground that it insufficiently charged an offense, the circuit court ordered the indictment dismissed. On appeal by the State, the Appellate Court for the Third Distric...
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delivered the opinion of the court: Defendant, Viola Ann Pry, was arrested and charged with keeping a house of prostitution in violation of section 11 — 17 of the Criminal Code of 1961 (Ill. Rev. Stat. 1963, chap. 38, par. 11 — 17). Holly Fountaine, alias Carolyn Pierce, and Barbara Ray were arrested at the same time and charged with prostitution. The three cases were consolidated for trial bef...
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delivered the opinion of the court: Defendant, Rosalie Chatman, was indicted in the circuit court of Cook County for the crime of gambling. (Ill. Rev. Stat. 1965, chap. 38, par. 28 — 1(a)(8)). Her pretrial motions to bar her prosecution because of former jeopardy, to quash the search warrant, and to suppress evidence were denied. She waived jury trial, was convicted and fined $1,000. The evid...
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delivered the opinion of the court: We have consolidated two appeals, both presenting the question whether certain properties used as housing for members of the faculties and staffs of the appellee colleges . qualify for tax exemption. MacMurray College, an appellee, filed a complaint in the circuit court of Morgan County seeking a judgment declaring that its faculty and staff housing...
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delivered the opinion of the court: In this case we are called upon to resolve the differences between the several appellate courts as to whether a post-trial motion must be filed following a directed verdict as a prerequisite to appeal. The circuit court of Wayne County directed a verdict for all defendants at the close of plaintiff’s case. No post-trial motion was filed. The Appellate Court, Fif...
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delivered the opinion of the court: The Macoupin County circuit court affirmed an award to the widow of Albert Joseph Reschak of workmen’s compensation benefits for his death while employed by Shell Oil Company. The facts are not disputed. Decedent was employed by Shell Oil as a pipefitter and, other than having a preexisting arteriosclerotic condition, enjoyed general good health prior to th...
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delivered the opinion of the court: This is a habeas corpus action against respondents, The Chicago Foundlings Home and its administrator, Mavis M. Koopman, to obtain custody of an infant which had been surrendered to the Home with adoption rights. The circuit court of Cook County allowed respondents’ motion to strike the amended petition for a writ of habeas corpus and for dismissal of the act...
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delivered the opinion of the court: This is the third time that this court has considered this case. What has gone before must be stated, to explain how it happens that the case is before this court again, and why we dispose of it as we do. On September 4, 1946, William Heirens, hereafter defendant, who was represented by retained counsel, pleaded guilty to three charges of murder and to 26 a...
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delivered the opinion of the court: After a bench trial in the circuit court of Cook County, a jury having been waived, the defendant, Sam Scott, was convicted of the murder of Johnnie Allen and sentenced to 30 years imprisonment. A writ of error now brings the matter before us to consider the claims of error asserted by the defendant. The record discloses that on October 31, i960, at about 5...
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delivered the opinion of the court: Defendant, Robert Hall, prosecutes this direct appeal from his 1962 conviction in the circuit court of Cook County for armed robbery. He alleges that the trial court erred in admitting his confession, since it was involuntary, and certain testimony and exhibits, since they were irrelevant, and that the evidence was insufficient to sustain his conviction. Fr...
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delivered the opinion of the court: Following a bench trial in the circuit court of Cook County, Richard Rossolille was convicted of burglary and sentenced to from 3 to 10 years imprisonment. He appeals directly to this court, alleging that his constitutional rights were violated by the refusal of the trial judge to order the suppression of evidence and that the trial court erred in finding him...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook County, denying defendant’s petition for a.hearing under the Post-Conviction Hearing Act. On June 15, 1961, defendant, Charles Thomas, pleaded guilty to two charges of rape and two charges of robbery and was sentenced to a prison term of 35 years on the charges of rape and from one to ten years in...
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delivered the opinion of the court: A jury found the defendant, Paul Romaine, guilty of the offense of obscenity (Ill. Rev. Stat. 1963, chap. 38, par. 11 — 20), because he sold a copy of the book “Memoirs of a Woman of Pleasure”, better known as “Fannie Hill”. He was fined $1,000 and placed on probation for two years. He appeals directly to this court primarily on the ground that his conviction vi...
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delivered the opinion of the court: On January 31, 1963, Larry Charbert Hayes pleaded guilty to charges of armed robbery and burglary, and was sentenced to imprisonment for a term of five to ten years. On April 2, 1964, he filed pro se the present post-conviction petition in which he alleges in effect that the plea of guilty was coerced by police brutality, that he was incompetent at the time, ...
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delivered the opinion of the court: The defendant, Veronica Crews, jury having been waived, was convicted of murder in a bench trial in the circuit court of Kane County and sentenced to death. In this appeal the defendant complains: (1) that she was not proved guilty of murder beyond all reasonable doubt or, alternatively, that she was proved guilty only of voluntary manslaughter; (2) that the ...
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delivered the opinion of the court: Henry Ivory, James Banks and Cashius Minor, hereinafter referred to as the defendants, together with three men, Clarence Phillips, De D. DeWhittey and John Mack, were indicted for the crime of gambling, specifically for violation of sections 28 — 1 (a) (5) and 28 — 1 (a) (8) of the Criminal Code (Ill. Rev. Stat. 1965, chap. 38), prohibiting use or possession ...
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delivered the opinion of the court: This direct appeal challenges the constitutionality of article 36 of the Criminal Code of 1961 (Ill. Rev. Stat. 1965, chap. 38, pars. 36 — 1 through 36 — 4), which provides for seizure and forfeiture of vessels, vehicles and aircraft used in the commission of certain offenses. On October 18, 1965, following their arrest of Joseph Pascucci on a charge of gambling...
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delivered the opinion of the court: On March 15, 1966, the defendant and appellant, William E. Johnson, who was represented by counsel, pleaded guilty to a charge of involuntary manslaughter in the circuit court of St. Clair County. The plea was accepted and following a hearing in mitigation judgment was entered and the defendant received a sentence of not less than two years and not more than ten...
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delivered the opinion of the court: Following a 1958 jury trial in the circuit court of Cook County, Stephen Kalec was found guilty of murder and sentenced to life imprisonment. His conviction was affirmed by this court (22 Ill.2d 505, cert. denied, 368 U.S. 1001). More than three years later defendant filed in the trial court the pro se petition from a dismissal of which this appeal was taken....
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delivered the opinion of the court: The defendants, Robert Lee Brown and Robert N. Sulauka, were tried in the circuit court of Cook County for theft, found guilty, and sentenced to the Cook County jail; Brown for one year and Sulauka for six months. The appellate court affirmed the decision as to both defendants. 76 Ill. App. 2d 145. The sole issue presented to this court concerns the correct...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook County, denying defendant’s petition for a hearing under the Post-Conviction Hearing Act. The defendant, William Bracy, was indicted for armed robbery. He was represented by privately retained counsel and pleaded guilty and was sentenced to eight to twenty years in the penitentiary. He then filed ...
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delivered the opinion of the court: Plaintiff’s intestate died on March 6, i960 as a result of injuries incurred in a collision between an automobile and one of defendant’s trains. Plaintiff, Mary Butler as administratrix of the estate of William Butler, deceased, brought suit in the circuit court of Cook County under the Wrongful Death Act against defendant Chicago Transit Authority. The ...
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delivered the opinion of the court: Judith Joyce was arrested for disorderly conduct and for obstructing the sidewalk. After trial by jury she was found guilty on both charges and a fine of $100 was assessed for each offense. She appeals directly to this court claiming that she was deprived of her right of free speech, that the applicable ordinance is void for vagueness, that the complaints wer...
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delivered the opinion of the court: This is an appeal from an order of the circuit court of Cook County dismissing a petition under the Post-Conviction Hearing Act. In a jury trial, Willmore Knight, petitioner, and Robert M. Pittman were convicted of armed robbery and sentenced to the penitentiary for terms of 10 to 30 years and 10 to 35 years, respectively. Both appealed to this court and we...
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delivered the opinion of the court: Brian A. Kronenberger, a minor, brought suit by his mother and next friend against Mildred Husky for personal injuries. After trial before a jury in the circuit court of St. Clair County a verdict was returned for defendant and judgment entered thereon. On plaintiff’s appeal the appellate court reversed and ordered a new trial on the ground that prejudic...
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delivered the opinion of the court: This case was heard upon the counterclaim of the Board of Education in and for the City of Rockford, No. 205, against counterdefendant, Community High School District No. 211, Winnebago County, for recovery of $9,978.34 alleged to be the unpaid balance of tuition for the school year 1963-1964. The circuit court of Winnebago County entered judgment for that amoun...
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delivered the opinion of the court: We have granted defendant’s petition for leave to appeal from the decision of the Appellate Court, Fifth District, affirming his conviction for theft (76 Ill. App. 2d 20), in order to determine whether that court properly permitted defendant’s appointed appellate counsel to withdraw from the case. In the recent case of Anders v. State of California, the Sup...
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delivered the opinion of the court: This is a proceeding brought by defendant Estelle Scott under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1965, chap. 110, par. 72) to vacate a $10,000 judgment entered against her on January 5, 1965. The circuit court of Cook County denied her petition, and the order was affirmed by the appellate court (Coleman v. Scott, 76 Ill. App. 2d 417). We gr...
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delivered the opinion of the court: The defendant, Ernest Rhodes, was convicted after a jury trial in Vermilion County on a charge of attempt (theft) in violation of section 8 — 4 of the Illinois Criminal Code and was sentenced to the penitentiary for a term of 5 to 10 years. An appeal has been taken directly to this court from a denial of the defendant’s petition for relief under the Post-Conv...
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delivered the opinion of the court: In 1965 the petitioner, Darrel F. Haven, waived indictment and entered a plea of guilty to an information filed in the circuit court of Macon County which charged him with the crime of aggravated battery. He was sentenced to the penitentiary for a term of-not less than 7 nor more than 10 years. His petition for a writ of habeas corpus, filed November 16, 1966...
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delivered the opinion of the court: In 1965, defendant, Adolph Johnson, was convicted in the circuit court of Cook County for the crime of unlawful possession of narcotics. (Ill. Rev, Stat. 1963, chap. 38, par. 22- — 3.) His conviction was affirmed by the Appellate Court, First District (78 Ill. App. 2d 398), and we granted leave to appeal. The facts relevant to the disposition of defendant’s...
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delivered the opinion of the court: This is an appeal from an order of the circuit court of Cook County which found the respondent, Glenn Keith, in need of mental treatment and ordered him hospitalized at the Elgin State Hospital. A petition which alleged that he was in need of mental treatment and requested his emergency admission to a mental hospital was filed by his son. (Ill. Rev. Stat...
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delivered the opinion of the court: In this case, we granted defendant leave to appeal from the judgment of the Appellate Court, First District, affirming his conviction of murder but reducing the imposed trial punishment of 199 years to 50 years in the penitentiary. (80 Ill. App. 2d 7.) A jury in the criminal court of Cook County determined both defendant’s criminal liability and punishment, as r...
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delivered the opinion of the court: In this case as in In re Urbasek, No. 40411, decided this term, a juvenile adjudged delinquent seeks to raise substantial questions as to the effect of the decision of the United States Supreme Court in In re Application of Gault, 387 U.S. 1, 18 L. Ed. 2d 527, 87 S. Ct. 1428, upon proceedings under the Illinois Juvenile Court Act (Ill. Rev. Stat. 1965, chap. ...
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delivered the opinion of the court: The defendant, George Jones, after a bench trial in the circuit court of Cook County, was found guilty on both counts of an indictment charging him with burglary and theft of property of the value of more than $150. He was sentenced to the penitentiary for a term of not less than two nor more than five years. Because of the constitutional issues raised, the d...
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delivered the opinion of the court: We allowéd a petition for leave to appeal by defendant, Marvin D. Harris, Jr., from a judgment of the Second District Appellate Court, which reversed the judgment of the circuit court of Winnebago County and remanded the cause. (77 Ill. App. 2d 430.) The parties agree that the appellate court’s opinion accurately portrays the facts in the case. It is, th...
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delivered the opinion of the court: The appellant, the Northwestern Steel & Wire Company, appeals from the judgment of the circuit court of Whiteside County, which affirmed the decision of the Industrial Commission awarding compensation to the claimant, Faustino Ramirez, for injuries sustained while in the employ of appellant. The sole question presented on this appeal is whether the accid...
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38 Ill.2d 446 (1967) 232 N.E.2d 738 THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES WASHINGTON, Appellant. No. 40002. Supreme Court of Illinois. Opinion filed November 30, 1967. *447 LEE A. MONROE, of Chicago, appointed by the court, for appellant. WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney Gener...
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delivered the opinion of the court: The issues in this case concern the construction and the validity of section 29 of the Limitations Act, which was added to that Act by amendment in 1963. (Ill. Rev. Stat. 1965, chap. 83, par. 24!.) The new section purports to immunize architects and contractors from liability upon causes of action that do not accrue within four years after the architects or c...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Madison County upholding the Industrial Commission’s denial of the petitioner’s claim for compensation under the Workman’s Occupational Diseases Act. The petitioner, Viola Lewis, urges that compensation should have been awarded, maintaining that the evidence she presented established a direct causal co...
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delivered the opinion of the court: The defendant, Catherine Heidman, was indicted for the offense of abortion. (Ill. Rev. Stat. 1965, chap. 38, par. 23 — 1.) She was represented by counsel of her own choice, tried by the court without a jury, found guilty, and placed on probation for 3 years, the first 90 days to be served in the House of Correction. On this appeal she does not dispute that th...
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delivered the opinion of the court: An arbitrator’s award of compensation for a fatal heart attack suffered by Howard B. Gallimore at his place of employment was confirmed by the Industrial Commission and the circuit court of Cook County. Decedent was employed by Teletype Corporation as a janitor on the 4:00 P.M. to midnight shift, and died one-half hour to forty-five minutes before he was to leav...
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delivered the opinion of the court: In proceedings before an arbitrator and the Industrial Commission the claimant, Anthony J. Hannibal, was awarded compensation for injuries, and granted reimbursement for medical expenses in the amount of $6,114.77. On review the circuit court of Cook County affirmed except for reversing an award of $1700 for reimbursement for hospitalization costs at Alexian ...
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delivered the opinion of the court: This is an appeal from an order of the circuit court of Vermilion County setting aside an award of compensation by the Industrial Commission to claimant, Robert G. Handley, for injuries sustained by him while acting as a policeman in the City of Danville. The facts are not in dispute. It was stipulated that the claimant was a sergeant in the police departme...
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delivered the opinion of the court: In May of 1966, James Caise was convicted in the circuit court of Kankakee County on his plea of guilty of the crime of indecent liberties with a child (Ill. Rev. Stat. 1965, chap. 38, par. 11 — 4) and sentenced to the penitentiary for a term of not less than three- nor more than five years. He filed notice of appeal, requested and was given appointed counsel...
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delivered the opinion of the court: Aliene B. Quarant, a school teacher, filed an application for adjustment of claim under the Workmen’s Compensation Act. The Industrial Commission found the injuries did not arise out of and in the course of her employment and denied compensation, The circuit court of Pope County affirmed the decision, and claimant appeals further to this court. The ...
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delivered the opinion of the court: The Industrial Commission granted an award to claimant, Robert F. Klein, for partial specific disability from an injury arising out of and in the course of his employment by New City Iron Works. The circuit court of Cook County confirmed the award and New City appeals directly to this court under our Rule 302. The sole issue is whether the evidence supports the ...
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delivered the opinion of the court: This case involves appeals from two separate convictions of John V. Carter, the defendant. He was found guilty by a jury in the circuit court of Cook County of a 1951 murder and in a separate bench trial was convicted of a 1964 burglary. The court sentenced defendant to the penitentiary for a term of not less than 40 years nor more than 60 years on the murder...
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delivered the opinion of the court: Pablo Pena, an employee of Calendar Packing Company, was awarded workmen’s compensation for a hernia which he allegedly sustained while at work. The award was confirmed by the circuit court of Cook County and the employer appeals, contending the decision of the Industrial Commission was against the manifest weight of the evidence. The legislature has made hernia...
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delivered the opinion of the court: Allan D. Gold, the defendant, was tried on April 26, 1966, and found guilty by a jury of the crime of rape (Ill. Rev. Stat. 1965, chap. 38, par. 11- — 1), in the circuit court of Peoria County. He was sentenced to the penitentiary for a term of not less than 14 and not more than 24 years. The defendant has appealed directly to this court pursuant to section 5...
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delivered the opinion of the court: The plaintiff, Ida Tolman, brought suit in the circuit court of Cook County against the defendant, Wieboldt Stores, Inc., for injuries allegedly received when the heel of her shoe became caught in an escalator owned and operated by defendant. Plaintiff received judgment for $10,000 after a jury verdict, and defendant’s post-trial motions were denied. The...
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delivered the opinion of the court: The plaintiff, Larry McElroy, brought an action against the defendant, Dovie Force, administratrix of Harold Robison, deceased, in the circuit court of Madison County to recover damages for injuries he sustained when the automobile in which he and the defendant’s intestate were riding left the highway and collided with a concrete abutment. - The jury ret...
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delivered the opinion of the court: The First District Appellate Court (76 Ill. App. 2d 375) affirmed the judgment of the juvenile division of the circuit court of Cook County finding from a preponderance of the evidence that Robert F. Urbasek (herein referred to as respondent) was a juvenile delinquent. We allowed a petition for leave to appeal in order that we might consider whether cont...
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delivered the opinion of the court: A decree of foreclosure of a residential loan was entered by the circuit court of Lake County in favor of plaintiff, The Equitable Life Assurance Society, against the defendants, Mauro L. and Joanna Scali, husband and wife. The Appellate Court, Second District, reversed, holding the mortgage loan to be usurious (75 Ill. App. 2d 255), and we granted leave to a...
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delivered the opinion of the court: A jury in the circuit court of Wayne County found defendant Charles B. Harris guilty of the murder of Betty Newton, the murder of William Meritt, and arson. He was sentenced by the court for a term of 60 to 75 years for each murder and for a term of 10 to 15 years for the arson, the sentences to run concurrently. The defendant concedes that there is suffici...
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delivered the opinion of the court: On a plea of guilty to an information charging the crime of pandering, defendant, William Harden, Jr., was convicted in the circuit court of Champaign County and sentenced to two to five years in the penitentiary. The Appellate Court for the Fourth Judicial District affirmed the conviction, but remanded the cause with directions to reconsider the quantum of t...
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delivered the opinion of the court : On' application of Waukegan-North Chicago Transit Company the Illinois Commerce Commission granted it a certificate of public convenience and necessity to render direct airline ground transportation services between the Waukegan-Great Lakes area and O’Hare International Airport. An application subsequently filed by Continental Air Transport Co., Inc., to ope...
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delivered the opinion of the court: After an administrative hearing the Department of Revenue entered an assessment against appellees under the Retailers’ Occupation Tax Act and Municipal Retailers’ Occupation Tax Act. In an administrative review proceeding the circuit court of Cook County affirmed the assessment. About five months thereafter appellees filed a petition to vacate the final ...
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delivered the opinion of the court : Plaintiff initiated this action in the probate division of the circuit court of Douglas County by a petition for citation to discover assets of the estate of the decedent, George Morey. The purpose of the action was to determine the ownership of a share certificate of the Villa Grove Building and Loan Association representing 50 installment shares, having a ...
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delivered the opinion of the court: In this action brought by the Department of Revenue to recover unpaid retailers-’ occupation taxes, the defendant, Bernard Steacy, doing business as Steacy’s Mobil Gas, filed a demand for a trial by jury. The demand was stricken and evidence offered by the Department was received. The defendant offered no evidence and judgment was entered in favor of the Depa...
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delivered the opinion of the court: Joseph T. Preston filed an application for adjustment of claim against Mabel Williams, proprietress of Barney’s Food Market in Chillicothe, seeking compensation for injuries sustained when he fell while at work. The arbitrator’s decision that Preston failed to prove his accidental injuries arose out of and in the course of employment was reversed by the Indus...
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delivered the opinion of the court: Following the death of Cloyde A. Bacon, an employee of the Caterpillar Tractor Company, caused by a heart attack suffered while at work, decedent’s wife and children filed an application for adjustment of claim with the Industrial Commission. The arbitrator of the Industrial Commission, in a hearing on the application, found the petitioners had failed to prove t...
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delivered the opinion of the court: This suit is another attack on the constitutionality of the reimbursement sections of the Mental Health Code. (Ill. Rev. Stat. 1961, chap. 91 Ji, pars. 9 — 19 through 9 — 25.) Section 9 — 19 provides that certain patients in a State hospital are liable for maintenance charges, and if the patient is unable to pay or his estate is insufficient, the patient’s pa...
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delivered the opinion of the court: The defendant, Jerry Ledferd, was found guilty of armed robbery by a jury in tiie circuit court of Sangamon County and sentenced to the penitentiary for a term of 5 to 15 years. On appeal he complains that the trial court erred in refusing to suppress certain evidence seized during a search of his home which he argues was an unreasonable one. On March 25, 1...
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delivered the opinion of the court: Gerald C. Page was sentenced by the circuit court of Ogle County to a term of from 5 to 10 years imprisonment following his plea of guilty to armed robbery. He now appeals from the judgment in a post-conviction hearing which denied his petition. The allegations of error include assertions that he was deprived of the right to counsel when he waived prosecution...
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delivered the opinion of the court: The defendant, Andrew Capoldi, brings this proceeding to review a 1958 judgment of the criminal, now circuit, court of Cook County finding him to be a sexually dangerous person. The defendant also seeks review of the trial court’s subsequent refusals to” grant his petitions for writ of recovery which were filed in 1959, 1961 and 1963. We have taken with this ...
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delivered the opinion of the court: Defendant, Vernon Cocroft, 17, and a co-defendant, Robert Earl, 32, were jointly convicted of murder in a bench trial. We affirmed Earl’s conviction in People v. Earl, 34 Ill.2d 11. On this writ of error Cocroft contends that the trial court erred in holding his two confessions admissible in that they were not properly obtained, considering his age, experie...
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delivered the opinion of the court: The defendant on this writ of error challenges the adequacy of the admonitions given him by the trial court of Franklin County before it accepted his pleas of guilty to the criminal charges concerned. A constitutional question is involved in this cause, and the defendant, Richard F. Ballheimer, Jr., appears pro se. The defendant was indicted for forgery o...
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delivered the opinion of the court: Two indictments were returned against defendant, Roosevelt Evans, the first charging him with attempted murder and the second with attempted murder and armed robbery, both indictments arising out of the same occurrence. After conviction on pleas of guilty to both indictments, he filed a pro se post-conviction petition to which the State filed a motion to dism...
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delivered the opinion of the court: This is an action to enforce an employee’s covenant not to compete with his employer. The plaintiff, The House of Vision, a corporation engaged in selling spectacles, contact lenses and other optical products, employed the defendant, William M. Hiyane, from 1959 to 1964, first as a contact lens grinder and later as a contact lens fitter. Early in 1964 Hiyane ...
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delivered the opinion of the court: The defendant, James McCrimmon, and two co-defendants, were found guilty of robbery by a jury in the circuit court of Kane County. McCrimmon was sentenced to the penitentiary for a term of five to twenty years. The defendant raises a constitutional question in his appeal in which he asserts that evidence which was the product of an unreasonable search and s...
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delivered the opinion of the court: This is another in a series of cases arising out of discovery procedures. The circuit court of Cook County rendered a judgment on the pleadings as a sanction against the defendant, Daniel F. McCarthy, for failure to produce documents and to honor a deposition subpoena in an action for attorney fees by the original plaintiff, Harold Stickler. Damages were asse...
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delivered the opinion of the court: The Peoria Chapter, National Electrical Contractors Association, Inc., hereafter petitioner, filed a complaint with the Illinois Commerce Commission against Central Illinois Light Company, hereafter cilco, charging that a contract between cilco and the Division of Highways of the Department of Public Works and Buildings of the State of Illinois violated various ...
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delivered the opinion of the court: Defendant was convicted of armed robbery by a jury in the circuit court of Cook County and sentenced to the penitentiary for a term of not less than three nor more than ten years. The appellate court affirmed the conviction, (68 Ill. App. 2d 411,) and we granted leave to appeal. Defendant contends that a confession was improperly admitted into evidence in violat...
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delivered the opinion of the court: The claimant, Velvon E. Hunt, filed a petition with the Industrial Commission to recover specific loss benefits for injuries sustained to his legs while employed as a milling machine operator by the Rockford Clutch Division, Borg-Warner Corporation. The arbitrator found that Hunt did not sustain an accidental injury in the course of his employment on September 7...
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delivered the opinion of the court: The defendant, Eugene Herbert Blanchard, found guilty of armed robbery by a jury in the circuit court of Winnebago County, was sentenced to the penitentiary for a term of two to ten years. He argues, inter alia, that a confession obtained from him was procured in violation of his constitutional right to the assistance of counsel. The defendant prior to trial ...
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delivered the opinion of the court: On November 12, 1965, the defendant, Donald Lang, was indicted by the grand jury of Cook County for the crime of murder. The defendant is a deaf-mute who cannot hear or speak, was never taught to read or write or to use sign-language, and is unable to communicate with anyone in any language system. On December 15, 1965, the public defender was appointed to re...
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delivered the opinion of the court: On the petition of Mychajlo Sosniak, an employee of Allied Finishing Specialties Co., he was awarded workmen’s compensation for temporary total incapacity for work, and for a partial loss of use of the lower extremities. His employer also provided him with extensive medical care, including three periods of hospitalization and surgery. Contending that an alleg...
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delivered the opinion of the court: On February 17, 1966, the circuit court of St. Clair County “ordered, adjudged and decreed” that the assessed valuation of a shopping center owned by the plaintiff, O’Fallon Development Co., Inc., “is hereby set and determined for real estate tax purposes at a sum of $194,234 resulting in a tax due and payable for the year 1963 in the sum of $8,095.67.” ...
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delivered the opinion of the court: The defendant, Norman Reed, was tried and convicted in a bench trial in the circuit court of Cook County for unlawful possession of narcotics. He was sentenced to the Illinois penitentiary for a term of two to three years. He appeals directly to this court contending that a packet of narcotics found in his automobile and introduced into evidence against him w...
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delivered the opinion of the court: Robert Keagle, hereafter defendant, is presently serving a sentence of 25 years to life for armed robbery. His petition for relief under the Post-Conviction Flearing Act (Ill. Rev. Stat. 1965, chap. 38, par. 122 — 1 et seq.) was denied by the circuit court of Cook County, and he has appealed. He contends that his conviction must be reversed because it was obt...
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delivered the opinion of the court: The defendants, Philip Kurtz, Larry C. Irving and James IT. Grogan, were convicted of the theft of an automobile which a jury in the circuit court of Bond County found to have had a value in excess of $150. Kurtz and Grogan received sentences for terms of not less than five . ■nor more than ten years and Irving for not less than one year nor more than two yea...
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delivered the opinion of the court: Respondent, Northwestern Steel 81 Wire Company, prosecutes this appeal from an order of the circuit court of Whiteside County affirming a decision of the Industrial Commission awarding compensation to claimant, Charles L. Terry. Claimant filed an application with the Industrial Commission on January 7, 1964, stating that he had “injured back and lower extre...
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delivered the opinion of the court: Defendant, Richard Raymond Ackerson, was convicted of burglary in a jury trial in Lee County, and sentenced to the penitentiary for a term of not less than 5 nor more than 15 years. He appeals from this conviction, contending that his confession was obtained by constitutionally impermissible means and that the State failed to prove allegations in the “informa...
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delivered the opinion of the court: This appeal raises the recurring problem of the compensability of a fatal heart attack under the Illinois Workmen’s Compensation Act. The arbitrator, Industrial Commission and circuit court of Cook County all agreed that the heart attack here involved was causally connected with the decedent’s work and awarded compensation. Between 1 :oo and 1:3o P.M. on October...
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delivered the opinion of the court: In a bench trial in the circuit court of Cook County the defendant, Anthony Owens, was convicted of unlawful use of a weapon and sentenced to imprisonment from one year to a year and a day in the penitentiary. In this direct appeal he contends the inclusion in his indictment of an allegation of a prior felony conviction deprived him of a fair trial and violat...
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delivered the opinion of the court: On April 14, 1964, plaintiff, Twin-City Inn, Inc., leased certain facilities in its motel to the corporate defendant, Hahne Enterprises, Inc., for a period of five years beginning July 1, 1964. The individual defendant, William F. Hahne, Jr., executed a personal guaranty of the performance of all of the covenants of the lease by the corporate defendant. In th...
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delivered the opinion of the court: The employer, Union Starch Sz Refining Company, appeals from a judgment of the circuit court of Madison County affirming the Industrial Commission’s confirmation of an arbitrator’s award of compensation to its employee, John Marshall. On April 28, 1965, the arbitrator awarded compensation to the employee for 70% weeks temporary total disability because of injuri...
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delivered the opinion of the court: Harry P. Paul, Jr., an employee of Swift and Company was awarded workmen’s compensation of 15 weeks temporary total incapacity for work, the Industrial Commission finding that he had sustained an injury to his back on October 2, 1964. The decision was affirmed by the circuit court of Ogle County, and the company has taken a further appeal to this court. It is...
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delivered the opinion of the court: The principal issue in this case is whether a merchant can be said to have a duty to assist customers in carrying large packages of groceries from its store by virtue of the fact that it customarily did so. The circuit court of Franklin County and the Fifth District Appellate Court (73 Ill. App. 2d 155) ruled that the jury could properly find such a duty...
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delivered the opinion of the court: This is a direct appeal by the State of Illinois from an order of the circuit court of Greene County striking a rule to show cause why interest on an inheritance tax obligation to the State should not be paid. This appeal poses the question of the right of a court to excuse the payment of such interest, and directly involves the revenue. Eugene Carmody is the ex...
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37 Ill.2d 158 (1967) 226 N.E.2d 265 THE PEOPLE ex rel. Bernard J. Korzen, County Collector, Appellant, v. THE BELT RAILWAY COMPANY OF CHICAGO, Appellee. Nos. 40210-13, incl., cons. Supreme Court of Illinois. Opinion filed March 29, 1967. *159 DANIEL P. WARD, State's Attorney, of Chicago, (EDWARD J. HLADIS and THEODORE M. SWAIN, Assistant State's Attorneys, of counsel,) for appellant. RICHARD F. K...
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Although this cause is a consolidation of defendant William Allen’s writ of error from a jury conviction for robbery, and his appeal from the dismissal of his post-conviction petition in regard thereto, he argues solely the appeal from the judgment of conviction. Since both are founded upon substantially the same claims of error and contentions, we believe justice will be served by considering th...
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delivered the opinion of the court: A constitutional question of due process is concerned in this appeal from an order entered by the circuit court of Kane County denying defendant’s petitions for a writ of habeas corpus, for a writ- of error coram nobis and for a post-conviction hearing, which petitions had been consolidated for hearing. The defendant, Wayne F. McLain, urges that preceding a...
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delivered the opinion of the court: We have consolidated two cases which have come to us as the result of plaintiffs’ efforts to employ discovery procedures in a products liability action initiated in the circuit court of Cook County against General Motors Corporation. Recovery was sought for personal injuries allegedly sustained in an accident of May 11, 1963, while plaintiffs were riding...
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delivered the opinion of the court : Defendant, Herman Magby, was tried by a jury in the criminal court of Cook County, found guilty of the crime of robbery with a dangerous weapon, and sentenced to the penitentiary for a term of not less than 15 years nor more than 30 years. On June 14, 1962, at about 12:45 A.M., Topps Restaurant, in Chicago, Illinois, was robbed by two armed men, one of who...
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delivered the opinion of the court: This is an appeal by the State of Illinois from an order of the circuit court of Sangamon County quashing and dismissing thirty-four counts of a thirty-five-count indictment charging defendants Theodore J. Isaacs and John J. Lang with various offenses. Cook Envelope and Lithographing, Inc., an Illinois corporation, is charged with offenses as a co-defend...
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delivered the opinion of the. court: In 1956 a jury in the circuit court of Winnebago County found the defendant, Willard Triplett, guilty of the murder of his brother, and he was sentenced to life imprisonment. In 1961 his petition under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1961, chap. 38, pars. 826-832.) was dismissed by the circuit court and this court affirmed. (Memorandum Order...
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delivered the opinion of the court: Plaintiff Robert Sughero obtained a $60,000 judgment in the superior court of Cook County for damages he sustained in a collision with a tractor unit owned by defendant Jewel Tea Co., Inc., and driven by its employee, Frank Perrino, also a defendant. The trial court directed a verdict on the issue of liability and submitted only the issue of damages to the ju...
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37 Ill.2d 243 (1967) 226 N.E.2d 369 CREST FINANCE CO., INC., v. FIRST STATE BANK OF WESTMONT. — (FEDERAL DEPOSIT INSURANCE CORP., Appellee, v. LEO NIEDERBERGER, Appellant.) No. 39868. Supreme Court of Illinois. Opinion filed March 29, 1967. Rehearing denied May 16, 1967. *244 KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, and RAPPAPORT, CLORFENE & RAPPAPORT, both of Chicago, (DON H. REUBEN,...
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delivered the opinion of the court: This appeal, in which the defendant, William H. McDowell, Jr., appears pro se, presents the question of the constitutional sufficiency of a jury hearing and finding which retrospectively judged the sanity of the defendant as of dates approximately eight years prior to the hearing and finding. The defendant was charged with the crime of armed robbery in 1958. On ...
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delivered the opinion of the court: The issue here is the proper disposition of a case in which the response to a special interrogatory conflicts with the general verdict. The trial court entered judgment for defendants in accordance with the special finding, but a divided First District Appellate Court reversed and ordered a new trial citation. We granted defendants’ petition for leave to...
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delivered the opinion of the court: Pursuant to statute the Department of Mental Health brought action against Audrey Warmbir to recover $1024 for care and treatment of her husband, hospitalized in a State mental institution. The court held the statute unconstitutional and dismissed the action. The Department appeals. Section 12 — 21 of the Mental Health Code provides that the patient is liab...
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delivered the opinion of the court: The defendant, Albert Edward Nordstrom, was indicted in the circuit court of Lake County for misbranding drugs and was tried before the court, found guilty, and judgment was entered on such finding on July 29, 1964. He was placed on probation on August 12, 1964, and on April 30, 1965, his probation was revoked. He was thereupon sentenced to the penitenti...
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delivered the opinion of the court: The plaintiffs, Harold A. Miller, Ellis Furry and Donald E. Engel were injured as the result of the collapse of the roof of a school gymnasium on which they were working as employees of a contractor, Fisher-Stoune, Inc. They brought this action to recover for their injuries against the supervising architects, Lyle V. DeWitt and Russell M. Amdal, d/b/a DeWitt-Amd...
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delivered the opinion of the court : In 1959 Charles Pridgen was charged in the circuit court of Cook County with the crime of burglary, was tried by the court and sentenced to the penitentiary for a term of 20 to 30 years. In May of 1963 the defendant filed a pro se petition seeking relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1961, chap. 38, par. 826, et seq.,) contending tha...
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delivered the opinion ' of the court: The defendant, Jose Luna, was indicted in the circuit court of Cook County for the sale of narcotics, tried by a jury, found guilty, and sentenced to the penitentiary for a term of 15 to 30 years. The Appellate Court, First District, affirmed his conviction, (69 Ill. App. 2d 291,) and we have granted leave to appeal. The crucial issues in this case revolv...
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delivered the opinion of the court: This cause involves two suits for damages against police officers and against their employing municipality. The first is a wrongful death action by Cleo Andrews, administrator of the estate of Charles Andrews, deceased, against the city of Chicago, and one of its policemen, alleging that while acting in the course of his employment the latter negligently shot...
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delivered the opinion of the court: The appeal to this court is from a judgment of the circuit court of Hardin County confirming orders entered by the Illinois Commerce Commission with respect to the division of revenues from toll telephone messages and dismissing the appeal of the plaintiff telephone companies. Plaintiffs are fourteen small telephone systems, ten of which are privately owned util...
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delivered the opinion of the court: This is a companion case to Champaign County Telephone Co. v. Illinois Commerce Commission, ante, p. 312, in which an opinion has been released this day. It was filed with the Commission by twelve of the fourteen small telephone companies who were plaintiffs in the first action, following an adverse order on the original complaint by the Commission. Here the com...
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delivered the opinion of the court: Defendant, Marvin Dale Berry, was tried by jury in the circuit court of Madison County, convicted of the crime of burglary, and sentenced to the penitentiary for a term of not less than five nor more than ten years. Jointly indicted and tried .with him were two co-defendants, Clarence Barthelemy, who also was convicted but received probation, and Richard Huds...
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delivered the opinion of the court: Field Enterprises appeals from the judgment of the circuit court of Cook County, which affirmed the decision of the Industrial Commission awarding compensation to the claimant, Edna Montez, for the death of her husband, Raymond Montez, which occurred while he was in the employ of the appellant. The appellant contends that the award of compensation was erroneo...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Tazewell County affirming the decision of the Industrial Commission awarding compensation to petitioner, William Harper, for injuries sustained while in the employment of H. J. Tobler Trucking Company. From the record we find that petitioner claimed injury on January 26, 1962 while employed by the re...
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delivered the opinion of the court: Pistakee Highlands Water Company, (Pistakee), and Killarney Water Co., (Killarney), are public utilities engaged in furnishing water service in McHenry County. On February 10, 1965, each utility petitioned the Illinois Commerce Commission for an order determining the original cost of its water plant in accordance with the Commission’s General Order No. 1...
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delivered the opinion of the court: This case arises from this court’s decision in Schulenburg v. Signatrol, Inc., 33 I11.2d 379. It will be helpful to review briefly that matter in order to facilitate understanding of the issues presented here. Time-O-Matic Corporation, a plaintiff, is engaged in the production and sale of flashers. A flasher is a device which actuates and regulates ...
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delivered the opinion of the court: Robert DeMary was convicted of burglary in 1963 and sentenced to 10-15 years imprisonment. No appeal therefrom was taken, but a post-conviction petition was subsequently filed pro se alleging numerous trial errors claimed to be of constitutional dimensions. This writ of error is to review an order allowing the State’s motion to dismiss that petition. Incorporate...
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delivered the opinion of the court: The principal problem here arises on a writ of error to review a i960 Cook Comity jury trial which resulted in conviction of Charles Musil and Arthur John Morton of the murder of Carl Christensen. Each defendant was sentenced to 35 years imprisonment. The writ of error requested by defendant Musil and issued by the Clerk also brought on for review convictions...
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37 Ill.2d 379 (1967) 227 N.E.2d 366 THE PEOPLE ex rel. Mack Smith, Jr., Petitioner, v. MARTIN JACKSON, Sheriff, Respondent. No. 40092. Supreme Court of Illinois. Opinion filed May 18, 1967. *380 WAYNE R. JOHNSON, of Joliet, for petitioner. GEORGE E. SANGMEISTER, State's Attorney, of Joliet, (JOHN C. BLAKSLEE, Assistant State's Attorney, of counsel,) for respondent. Writ quashed. Mr. JUSTICE KLUCZ...
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delivered the opinion of the court: George D. Dattilo, an employee of Agostino’s Restaurant in Chicago, filed a petition for workmen’s compensation. The Industrial Commission denied the application, and its decision was affirmed by the circuit court of Cook County. He comes to this court by direct appeal as allowed by our Rule 302. It is alleged that on March 22, 1962, the claimant suffered a...
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delivered the opinion of the court: The issue in this case concerns the propriety of the exercise of summary jurisdiction by a court in which an insurance company is being liquidated pursuant to article XIII of the Insurance Code. (Ill. Rev. Stat. 1961, chap. 73, pars. 799-833.) The Director of Insurance of the State of Illinois, as liquidator of Central Casualty Company, an Illinois insurance ...
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delivered the opinion of the court: On May 22, 1964, the petitioner’s husband, Lawrence Broeske, was struck and killed by an automobile in front of Nickey Chevrolet Sales, Inc. located on Irving Park Road in Chicago. On the date of the fatal accident Broeske was employed by Nickey as an automobile salesman. Subsequent to the death of her husband, Broeske’s wife sought compensation under the Workme...
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delivered the opinion of the court: Sonia Zeve, hereinafter referred to as petitioner, filed in the Cook County circuit court her petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1963, chap, no, par. 72,) seeking to set aside a tax deed to improved residence property formerly owned by her. At the close of petitioner’s evidence, the trial court allowed a motion by the ta...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Cook County, Sixth Municipal District, finding defendant, Claude Hinchey, in violation of section 131(a) of the Uniform Act Regulating Traffic on Highways (Ill. Rev. Stat. 1965, chap. 95^, par. 228(a),) for driving a motor vehicle with a gross weight on the road surface in excess of the maximum allowable ...
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delivered the opinion of the court: The defendant, Charles Dixon, was convicted of armed robbery and sentenced to 5 to 10 years imprisonment following a jury trial in the circuit court of Cook County. He appealed to the First District Appellate Court, alleging that the trial court denied him a fair trial by permitting the jury to take his signed statement into the jury room while deliberating a...
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delivered the opinion of the court: The defendant, Dembrus Golson, was indicted for burglary in the circuit court of Cook County, tried by the court without a jury, found guilty, and sentenced to the penitentiary for a term of 12 to 15 years. The appellate court affirmed his conviction (76 Ill. App. 2d 1,) and we have granted leave to appeal. The sole issue on this appeal is whether or not th...
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delivered the opinion of the court: This mandamus action against the city of Waukegan was brought by Local 73 of the Illinois Association of Fire Fighters, representing the firemen employed by the city of Waukegan, to compel the City to engage in nonbinding arbitration. The plaintiff relies upon sections 10 — 3—8 through 10 — 3—11 of the Municipal Code. (Ill. Rev. Stat. 1965, chap. 24, pars. 10 — ...
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delivered the opinion of the court: This is an appeal from an order of the probate division of the circuit court of the Eighth Judicial Circuit admitting certain instruments to probate as the last will and codicil of Frank G. Stolte, deceased, and issuing letters testamentary thereon. The widow of the decedent appeals directly to this court raising certain constitutional questions. Th...
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delivered the opinion of the court: This is a direct appeal from a judgment of the circuit court of Cook County which dismissed a petition for a writ of habeas corpus. The motion to dismiss filed by the respondents, who are the sheriff of Cook County and the warden of the Cook County jail, admitted the following facts alleged in the petition: The petitioner, Donald H. Herring, was arrested on M...
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delivered the opinion of the court : Defendant, Bobby Herman Worley, was found guilty of burglary in a Lee County jury trial and sentenced to 5 to 15 years imprisonment. He appeals directly here contending that his confession was obtained by constitutionally impermissible methods and that the trial court erred in allowing the State to cross-examine him as to a prior conviction of an infamous cr...
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delivered the opinion of the court: The first question that arises upon the record in this workmen’s compensation case is whether a circuit court has jurisdiction to review an interlocutory order of the Industrial Commission. We hold that it does not. On September 26, 1961, Raymond Hill, the claimant, experienced a tightness in his chest while he was pursuing his usual duties as an employee of the...
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delivered the opinion of the court: The Air Pollution Control Board of the State of Illinois, the appellee, and hereafter called the Board, issued a cease and desist order against the appellant, Bud Brown. The circuit court of Madison County affirmed the Board’s order, and the appellant has proceeded directly to this court contending inter alia that the Board’s proceedings and order denied...
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delivered the opinion of the court: The petitioner, John H. Amies, was convicted of forgery after a jury trial in the circuit court of Franklin County and sentenced to the penitentiary for a term of 7 to 14 years. This court, on writ of error, affirmed his conviction in 28 Ill.2d 83. Petitioner now appeals to this court from an order of the trial court denying his petition for relief under the ...
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delivered the opinion of the court: Louise McElligott, individually and as administrator of her deceased husband’s estate, sued the Illinois Central Railroad Company in the circuit court of Madison County for damages arising out of a collision between plaintiff’s automobile and one of defendant’s trains at a railroad crossing in Belleville, Illinois. The evidence disclosed the followi...
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delivered the opinion of the court: This is an appeal from the Appellate Court for the First District to this court which involves a constitutional question which arose out of the action of the appellate court. The defendant, an attorney, was charged with illegal parking under an ordinance of the city of Chicago. When the case was called the court presented certain questions to the defendan...
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delivered the opinion of the court: Plaintiff, a resident of and a property owner in the city of Rockford, filed a declaratory judgment action attacking the validity of the Public Building Commission Act. (Ill. Rev. Stat. 1965, chap. 34 (Counties) pars. 3301 et seq.— to be transferred to chap. 85 (Local Government) as pars. 1031 et seq.) After ordering that additional parties be joined, th...
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37 Ill. 2d 480 (1967) 229 N.E.2d 490 THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. ANTHONY R. WOLLENBERG, Plaintiff in Error. No. 38571. Indict. Nos. 63-638 and 63-639, 60-2292. Supreme Court of Illinois. Opinion filed May 18, 1967. Rehearing denied September 27, 1967. JOSEPH L. STONE, of Chicago, appointed by the court, for plaintiff in error. *481 WILLIAM G. CLARK, Attorney Genera...
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delivered the opinion of the court: In a joint trial in the circuit court of Cook County a jury found defendants James Henderson, John Adams and LeRoy Mitchell, Jr. guilty of murder. Each was sentenced to the penitentiary for a term of 35 to 70 years. A constitutional question gives us jurisdiction of the appeal. These defendants were convicted of the murder of John Fatigato, a shoe-store ope...
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delivered the opinion of the court: Raymond and Cleo Pedrick, husband and wife, brought this action in the circuit court of Tazewell County seeking damages from The Peoria and Eastern Railroad Company for injuries sustained when their automobile collided with one of defendant’s trains at a railroad crossing in Pekin. Defendant’s motion for a directed verdict, made at the close of plaintiff...
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delivered the opinion of the court: Rocco Marinucci was accidentally injured on January 17, 1956. He filed an application for adjustment of his claim against Raymond Concrete Pile Company (Raymond) and its insurer, appellants here, and Wilputte Company (Wilputte) and its insurer, cross appellants. The arbitrator applied the present section i(a)4 of the Workmen’s Compensation Act (Ill. Rev. Stat...
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delivered the opinion of the court: The sole question here, preserved for review by appropriate obj ection in the trial court, is which party has the right to open and close arguments to the jury in an eminent domain proceeding following a “quick-take” by the Department of Public Works and Buildings under the provisions of the Eminent Domain Act. (Ill. Rev. Stat. 1961, chap. 47, par. 1 et ...
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delivered the opinion of the court: A complaint filed in the circuit court of Cook County charged the defendant, James Williams, with the offense of unlawful use of weapons. (Ill. Rev. Stat. 1965, chap. 38, par. 24—1 (a) (2).) He waived a jury trial, was tried before the court, found guilty, and sentenced to imprisonment for three months. The second division of the Appellate Court, First Distri...
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delivered the opinion of the court: The petitioner, Thomas W. Wagner, was injured when he fell into a hole while working for Overland Construction Company. Petitioner subsequently filed a claim for compensation under the Workmen’s Compensation Act, and the Industrial Commission granted him a permanent total disability award with a 15% pension for life finding that he had sustained a total and p...
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delivered the opinion of the court: This tax sale proceeding was instituted under the Revenue Act of 1939, as amended in 1951, and the question presented concerns the effect to be given to certain tax deeds acquired by the city of Chicago during the years 1910 through 1915. The property in question was sold for nonpayment of general taxes for the year 1959, and, pursuant to the statute the purchas...
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delivered the opinion of the court: The plaintiff, the city of East St. Louis, (hereafter called the City) filed suit for a declaratory judgment in the circuit court of St. Clair County and asked that the court declare that the defendant, Union Electric Company, (hereafter called the Company) was obligated to the City under the terms of a franchise ordinance and did not have the right to deduct...
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delivered the opinion of the court: Plaintiff, Arlington Heights National Bank, brought an action for damages against defendant, Arlington Heights Federal Savings and Loan Association, and its officers and directors, alleging that they intentionally induced the village of Arlington Heights to breach its contract with plaintiff for vacation of a street in the village. The trial court sustained defe...
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37 Ill.2d 553 (1967) 229 N.E.2d 527 THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST BONNER, Appellant. No. 40284. Supreme Court of Illinois. Opinion filed May 18, 1967. Rehearing denied September 27, 1967. *554 SAM ADAM, of Chicago, for appellant. WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney Gener...
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delivered the opinion of the court: Andrew S. Oros, a restaurant employee, filed application for benefits under the Workmen’s Compensation Act. After hearing evidence the arbitrator granted an award but the Industrial Commission set it aside on the ground that the claimant had failed to prove he sustained an accidental injury. On review the circuit court of Lake County reinstated the award...
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delivered the opinion of the court • The defendant appeals from an order of the circuit court of Vermilion County that denied his petition under the Post-Conviction Hearing Act which alleged principally that he was denied his right to representation by counsel and therefore denied due process of law. More specificially, the defendant complains that he was not represented by counsel at the time ...
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delivered the opinion of the court: On December 29, 1965, the circuit court of Cook County ordered a temporary injunction to issue restraining defendants, Gust Regas and Spiros Regas, from voting, selling, assigning or pledging the stock in Riviera Lanes, Inc. and the beneficial interest of a land trust formerly owned by Otto Goldammer and Walter Goldammer. The appellate court reversed this ord...
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delivered the opinion of the court: This action was instituted by Bobby Ray Clark and Warren H. Jordan to recover the fair market value of their airplane from William B. Fields, on whose property it was when destroyed by fire. A St. Clair County jury returned a verdict for defendant on which judgment was entered following denial of plaintiffs’ motion for judgment notwithstanding the verdict or ...
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delivered the opinion of the court: We allowed a petition for leave to appeal by Cities Service Oil Company from a judgment of the First District Appellate Court, which reversed in part a judgment of the circuit court of Cook County, dismissed the appeal as to certain parties, and remanded the cause. (Martino v. Barra, 67 Ill. App. 2d 328). We restate here that court’s history of the litigation...
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delivered the opinion of the court: Mildred Calvetti brought action in the circuit court of St. Clair County against Mary Seipp to recover damages for personal injuries sustained in an automobile collision. Trial was before a jury. At the close of all the evidence plaintiff moved for a directed verdict. The motion was denied and the jury returned a verdict for defendant. Plaintiff thereupon mad...
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dissenting: Mr. Justice Underwood, Mr. Justice Ward and I are of the opinion that jurisdiction of this case should be declined under the doctrine of forum non conveniens. Of the four plaintiffs, the two who have owned stock in Crucible for any appreciable length of time reside in Arizona. Of the two plaintiffs who reside in Illinois, one, Morris J. Rubin, acquired the 10,000 shares of stock that h...
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delivered the opinion of the court: This .appeal is from the denial of a post-conviction petition in the circuit court of Cook County. The defendant, George Wilson, was indicted jointly with Allen Golson and William Perkins for the murder of two postal inspectors in Chicago. After his motion for a severance was denied, he entered pleas of guilty and was sentenced to death. This judgment wa...
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delivered the opinion of the court: Petitioner, Curtis Smith, filed a pro se petition in the circuit court of Cook County for a hearing under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1965, chap. 38, art. 122) to review his conviction upon pleas of guilty to indictments charging him with rape, robbery, and assault with intent to commit rape. The trial court sustained the State’s motion t...
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delivered the opinion of the court: The grand jury of Cook County returned two indictments each of which charged the defendant, Gerald Chat-man, with a separate offense of rape. He waived a jury, and was tried and found guilty on the first indictment, No. 57 — 3438, on February 6, 1958. At the request of his attorney, the imposition of sentence was deferred. The trial on the second indictment, ...
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specially concurring: I concur in the remandment under the compulsion of Mayo and De Filippis. I agree the admission of the judge’s affidavit was not error, but only because there was no objection thereto. Since the affidavit is based upon examination of original papers still on file, I believe proof of the contents of such papers should be made by proper copies thereof and not by an affidavit of ...
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delivered the opinion of the court: A jury found the defendant, Jose Romero, guilty of an unlawful sale of heroin, and he was sentenced to imprisonment for a period of not less than ten nor more than twenty years. On this writ of error he contests the validity of his conviction primarily on the grounds that an incriminating admission was allowed into evidence in violation of his constitutional ...
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delivered the opinion of the court: Robert D. Aughinbaugh was found guilty of robbery and armed robbery in a Cook County circuit court jury trial and was sentenced to 10 to 20 years imprisonment. He appeals directly here contending his constitutional rights were violated by testimony and comments as to his silence at the time he was identified in a police lineup. He also charges the trial court...
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Solfisburg delivered the opinion of the court: Defendant, Harold Delafosse, and one Albert Miller were convicted of armed robbery by a jury in the criminal court of Cook County and sentenced to a term of ten to fifteen years in the penitentiary. On this appeal, Delafosse contends (1) that the indictment was defective; (2) that the trial court erred in failing to order the State to deliver certa...
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delivered the opinion of the court: Defendant, Jerry Thompson, was convicted in a i960 Cook County bench trial of murdering his half-brother and was sentenced to 30 years imprisonment. He asserts that error occurring both in his pretrial competency hearing and in his subsequent trial have deprived him of due process of law. At the second competency hearing (an initial hearing terminated in a ...
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delivered the opinion of the court: Isiah Lyons was convicted of murder in a Cook County circuit court jury trial and sentenced to 40 to 50 years imprisonment. His direct appeal challenges, on constitutional grounds, the admissibility of his confession. He also claims that, if his confession is inadmissible, the remaining evidence is insufficient to prove him guilty of murder and that certain j...
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delivered the opinion of the court: The American College of Surgeons, a not-for-profit corporation of Illinois, filed a complaint in the circuit court of Cook County seeking to enjoin the county treasurer and other officials from collecting taxes on its property for the years 1963 and 1964. The court held that plaintiff’s property was used for charitable and beneficent purposes and declare...
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delivered the opinion of the court: Defendant was convicted of burglary in a bench trial in the then criminal court of Cook County and sentenced to a term of four to eight years in the Illinois State Penitentiary. He contends that his arrest was illegal and that introducing in evidence the articles taken from him was in violation of his constitutional rights because the articles were fruits of ...
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delivered the opinion of the court: Defendant appeals from the dismissal of his post-conviction petition. The petition, filed pro se, alleged his conviction for armed robbery and that in the trial he suffered, and we quote, “substantial denial of his rights under the constitution of the United States, to-wit: (a) all of the witnesses and all of the testimony upon which the indictment was founde...
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delivered the opinion of the court: Gladys P. Keith filed an application for adjustment of claim against Oseo Drug, Inc., based upon an injury to her right arm. The arbitrator awarded compensation based on findings of temporary total incapacity and complete loss of use of the right arm. Additional testimony was presented to the Industrial Commission which affirmed as did the Winnebago Coun...
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delivered the opinion of the court: A Cook County circuit court jury found Jose L. Quintana guilty of unlawfully selling narcotics, and he was sentenced to 10 to 15 years imprisonment. We need discuss only one of the issues presented on this appeal. The sale upon which the conviction was based was alleged to have been made by defendant on September 11, 1963, to an officer then working as an u...
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delivered the opinion of the court: This quo warranto proceeding was initiated by the State’s Attorney of Du Page County challenging the validity of the incorporation of the village of Weston and the authority of its elected officials to hold office. The circuit court of Du Page County found that the village had been lawfully incorporated and that the defendant officers legally held office...
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delivered the opinion of the court: As this case was submitted to the court upon briefs and oral argument, the only question it presents is whether the action is one against the State of Illinois, and therefore barred by section 26 of article IV of the constitution, which provides: “The state of Illinois shall never be made defendant in any court of law or equity.” The plaintiffs are ...
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Solfisburg delivered the opinion of the court: John Holmes, Jr. and Andrew Harper were jointly indicted for the murder of Jake Allen. They were tried by a jury, found guilty, and sentenced to death. Subsequent petitions for a post-conviction hearing were stricken. Defendants prosecute this consolidated appeal from the judgments of the circuit court of Cook County. The deceased Jake Allen’s body wa...
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delivered the opinion of the court: The employer, Lybrand, Ross Bros. & Montgomery, appeals from a judgment of the circuit court of Cook County upholding the Industrial Commission’s concurrence in an arbitrator’s award of compensation for the death of its employee, John D. Muth. The sole issue on review is whether the death, resulting from injuries sustained in an auto accident which occur...
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delivered the opinion of the court: This appeal is by the employer-respondent from a decision of the circuit court of Cook County affirming an award of the Industrial Commission. The arbitrator found for the petitioner, Leo Ayash, and awarded 28-% weeks of temporary total compensation, 35% permanent disability of the left leg, 25% permanent disability of the right leg, and $1,774 f°r medical servi...
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delivered the opinion of the court: This is an appeal from an order of the circuit court of Madison County affirming the decision of the Industrial Commission awarding compensation benefits to claimant, Dale E. Lauth, for injuries sustained while employed as a laborer in the department of public works of Collinsville, Illinois. The compensation benefits awarded by the arbitrator, and confirmed ...
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delivered the opinion of the court: A verified complaint charged the defendant, Robert L. Griffin, with reckless driving. He pleaded not guilty, but was found guilty after a trial before the court. His motion in arrest of judgment was overruled and he was fined $150 and placed on probation for six months. He appeals directly to this court upon the ground that the complaint was insufficient to a...
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delivered the opinion of the court: Jesse James Pugh was found guilty of unlawful possession of a narcotic drug during a bench trial in the circuit court of Cook County. He was sentenced to the penitentiary for a term of six to ten years. He appeals directly to this court on the ground that he was denied his constitutional right to compel attendance of witnesses in his behalf. On October 28, ...
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delivered the opinion of the court: Plaintiff, the State of Illinois, on the relation of certain-landowner-taxpayers, filed its quo warranto complaint in the circuit court of Randolph County contesting the validity of the organization .of the Prairie Du Rocher Fire Protection District. Defendant district trustees answered, justifying their position by setting forth in full the records of t...
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delivered the opinion of the court: This is an appeal from an order of the circuit court of Williamson County affirming the decision of the Industrial Commission awarding compensation for injuries and death sustained by James L. Feezor as a result of a felonious assault upon him. The sole question presented on review is whether the assault and resultant injuries and death arose out of...
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delivered the opinion of the court: Efengee Electrical Supply Company appeals from a judgment of the circuit court of Cook County confirming a supplementary award for medical expense under the Workmen’s Compensation Act. It is contended the award was without any jurisdictional basis because several years had elapsed since the original decision awarding compensation and medical expense, and no p...
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delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Winnebago County sustaining the Industrial Commission’s affirmance of a workmen’s compensation award. The facts are undisputed. On September 27, 1964, claimant Carl Nelson Powell, then a tenth-grade student employed part time by a Texaco gas station, while driving his car in the course of his employm...
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delivered the opinion of the court: This direct appeal from an order of the circuit court of Cook County. directing compliance with certain subpoenas issued by the Legislative Commission on Low Income Housing attacks the constitutional sufficiency of the subpoena provisions and the correctness of certain rulings of the circuit court in the subpoena enforcement proceeding instituted by the commissi...
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delivered the opinion of the court: The defendant, Sylvester Waitts, was indicted by the Cook County grand jury in 1962 for the unlawful possession of a narcotic drug. He was tried by a jury, convicted and sentenced to a term of two to six years in the penitentiary. The defendant sued -out a writ of error to this court on the ground that the complaint, which was the basis of the arrest warrant,...
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delivered the opinion of the court: In April of i960, a jury convicted the petitioner, William C. Witherspoon, of the murder of police officer- Mitchell Stone, and fixed his penalty at death. The judgment was affirmed on writ of error. (People v. Witherspoon, (1963) 27 Ill.2d 483.) Thereafter the petitioner filed a petition for relief under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1963...
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delivered the opinion of the court: The defendant, Wilbur Thompson, was indicted in Cook County for the crime of unlawful possession of a narcotic drug. He was found guilty in a bench trial and sentenced to the penitentiary for a term of five to ten years. He appeals directly to this court alleging that his arrest was illegal and that the disparity between his sentence and the sentence of the p...
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delivered the opinion of the court: In connection with the death of Year lene Howard on October 5, 1962, the defendant, John Taylor, was indicted for murder, voluntary manslaughter and involuntary manslaughter. The jury found him guilty of murder, and he was sentenced to imprisonment for not less than 20 years nor more than 40 years. The contentions that he advances on this writ of error requir...
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delivered the opinion of the court: Lonnie Adams and his brothers James Adams and Maynard Adams were tried jointly for murder, before a jury in the circuit court of Cook County. The jury failed to reach a decision as to Maynard, but Lonnie and James were found guilty and sentenced to life imprisonment. They appeal directly to this court, assigning a number of trial errors, including the admissi...
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delivered the opinion of the court: In 1937 one Caroline Schenke was found murdered in Chicago. On March 14, 1939, the defendant, Sam Hryciuk, was arrested. Four days later he confessed to a crime of rape and was identified by the victim. Two days thereafter he gave a written confession to the 1937 murder. He was not then indicted for the murder, but was indicted, tried and convicted for rape. ...
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delivered the opinion of the court: The defendant Jimmy Williams, alias Kid Rivera, was convicted in a bench trial in the circuit court of Cook County on two counts of gambling. He was sentenced to six months in the county jail and fined $1,000 on each count, the jail sentences to run concurrently and the fines to be cumulative. Defendant appeals directly to this court alleging, among other thi...
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delivered the opinion of the court: Ralph Gilmore brought this action against the Toledo, Peoria & Western Railroad under the Federal Employers’ Liability Act to recover damages for injuries suffered while inspecting tracks. The judgment for $66,650 entered on the verdict was affirmed by the Appellate Court, Third District (64 Ill. App. 2d 218,) which thereafter granted a certificate of importance...
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delivered the opinion of the court: The plaintiff, Randy Lance, by his father and next friend, brought this action to recover damages for personal injuries. The amended complaint alleged that at the time of his injury, the plaintiff was a nine-year-old boy who suffered from hemophilia, which the defendants knew; that he was an overnight guest in the defendants’ home and that on the morning...
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delivered the opinion of the court: Joseph Schroeder, an employee of the Schroeder Iron Works, was awarded workmen’s compensation by the Industrial Commision. On review the decision was reversed and the award set aside by the circuit court of McHenry County. The claimant appeals. The question is whether on the evidence the finding was justified that claimant’s disability was caused by an accident ...
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delivered the opinion of the court: The defendant, Robert L. Fosdick, was convicted of rape in a bench trial in the circuit court of Champaign County and sentenced to a term of six to twenty years in the penitentiary, the sentence to run concurrently with another sentence imposed in DeWitt County. Defendant appealed to the appellate court which reversed the conviction solely on the ground that ...
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Plaintiffs, Chicago Real Estate Board, an association of real-estate brokers, and certain individual and corporate brokers, instituted this action against the city of Chicago, the Mayor, and the Chicago Commission on Human Relations to obtain a declaratory judgment on the constitutionality of the Chicago Fair Housing Ordinance, and to obtain an injunction prohibiting its enforcement. The circui...
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delivered the opinion of the court: This appeal from the circuit court of Cook County challenges the constitutionality of section 13 of the Illinois Crime Investigating Commission Act, (Ill. Rev. Stat. 1965, chap. 38, par. 203 — 13,) and the validity of certain actions of the commission under authority of the act. On November 17, 1965, the commission adopted a resolution which, after ...
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delivered the opinion of the court: Peter Levin appeals from an order of the Cook County circuit court quashing a writ of habeas corpus issued on his petition challenging the validity of extradition proceedings whereby the State of Wisconsin sought petitioner’s return to answer to a pending theft charge. The gist of petitioner’s argument is that he should have been permitted to prove the fals...
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delivered the opinion of the court: Marvin L. Pickering, a teacher in Township High School District 205, Will County, was dismissed from his position by the Board of Education. He brought proceedings for reinstatement but after a hearing the board confirmed the dismissal. On review the circuit court affirmed the board’s decision, and plaintiff Pickering has taken further appeal directly to this co...
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delivered the opinion of the court: This is an appeal from 46 judgments entered on April 20, 1966, in favor of 12 railroads for refunds of property taxes paid under protest in Madison County for the tax years 1957 to 1962. The judgments were entered pursuant to the mandate of this court in People ex rel. Musso v. Chicago, Burlington & Quincy Railroad Co. (Nos. 38859— 38904 cons.) reported in 33 Il...
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delivered the opinion of the court: The defendants, Richard Cain, James Donnelly and John Chaconas, together with one William Witsman were indicted by the grand jury of the circuit court of Cook County for the crime of conspiracy to commit perjury by testifying falsely before the grand jury. At a joint trial by jury the defendants were found guilty, but the jury was unable to reach, a verdict a...
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delivered the opinion of the court: A jury in the circuit court of Cook County returned a verdict in the amount of $70,000 in favor of Mary Li Petri, widow of Sam Li Petri, and against Turner Construction Company and Fischbach, Moore & Morrissey, Inc., for the death of her husband caused by defendants’ violation of the Structural Work Act. (Ill. Rev. Stat. 1955, chap. 48, pars. 60-69.) The...
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Solfisburg delivered the opinion of the court: This is an appeal from a judgment of the circuit court of Will County affirming an award of compensation by the Industrial Commission to petitioners. The Industrial Commission found that Mark Henneberry, deceased, sustained accidental injuries arising out of and in the course of his employment which resulted in his death, and awarded death benefits...
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delivered the opinion of the court: On January 6, 1961, the defendant Arthur Darby and one Keithel Parmer were jointly indicted by the grand jury of Will County for the crime of rape, allegedly committed on November 23, i960. On January 9, 1961, the defendant and Parmer were brought before the court. Parmer was represented by an attorney of his own choice and was arraigned and pleaded not guilty. ...
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delivered the opinion of the court: The defendant, Jesse Ballinger, was tried in the criminal court of Cook County before the court without a jury and found guilty of murder, for which he was sentenced to the penitentiary for a term of 35 years. The case is before us on a writ of error. The only eyewitness to the offense was Alfred Howard, a nine-year-old boy, and the defendant’s first conten...
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delivered the opinion of the court: In 1957 the defendant, Stanley Jenneski, was committed as a sexually dangerous person by order of the municipal court of Chicago. We have issued a writ of error to review the order of commitment. Counsel was originally appointed to represent the defendant in this proceeding, but the defendant served the attorney with a “notice of dismissal” and we permitted coun...
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