248 N.E.2d 71 (Ill. 1969), 41216, City of Chicago v. Lawrence

Docket Nº41216.
Citation248 N.E.2d 71, 42 Ill.2d 461
Party NameThe CITY OF CHICAGO, Appellee, v. Richard LAWRENCE et al., Appellants.
Case DateMay 28, 1969
CourtSupreme Court of Illinois

Page 71

248 N.E.2d 71 (Ill. 1969)

42 Ill.2d 461

The CITY OF CHICAGO, Appellee,

v.

Richard LAWRENCE et al., Appellants.

No. 41216.

Supreme Court of Illinois.

May 28, 1969.

Page 72

[42 Ill.2d 462] John M. Bowlus and Sheli Z. Rosenberg, Chicago (Cotton, Watt, Jones & King, Chicago, of counsel), for appellants.

Raymond F. Simon, Chicago (Marvin E. Aspen and Ronald S. Cope, Chicago, of counsel), for appellee.

KLINGBIEL, Justice.

After trial by jury in the circuit court of Cook County, Richard Lawrence and James Orange were found guilty of interfering with a police officer in the performance of his duties. Each was fined $100. Claiming violations of constitutional rights as well as errors at the trial, they appeal directly to this court.

The record discloses that on November 12, 1966, the Chicago Police Department was notified that a large group intended to stage a 'demonstration' outside the home of officer Burleigh Ginkle, a member of the police department. The plan was to congregate at 2:00 P.M. the next day and proceed in automobiles along 63rd Street to a designated parking area from which they would then march to Officer Ginkle's residence. Sergeant O'Malley, a 20-year member of the police department, was given orders to protect Officer Ginkle and his family from undue harassment by these people, and an assistant corporation counsel of the city was assigned to act as a legal advisor

Page 73

to the police. Officer Ginkle had requested that he and his family be given such protection.

[42 Ill.2d 463] On the day of the anticipated demonstration the defendants and a third individual appeared at the officer's home. They walked up on the porch of the house and began knocking on the door. No one opened it. Sergeant O'Malley and the legal advisor were parked across the street, and when they saw what was going on they walked over and told defendant that they had been assigned to keep demonstrators from disturbing Officer Ginkle and his family, and that defendants were not to pound on the door or ring the bell. The three persons came down the steps and Sergeant O'Malley and his companion began to walk back to the squad car. Before they reached it, however, the defendants and their companion went back up the steps and resumed their pounding on the door. Once again Officer O'Malley went to them. He warned them that if they continued their behavior he would have to place them under arrest. The third intruder went to the corner, where the group was assembled, but the defendants once again began pounding on the door. Sergeant O'Malley thereupon walked back up the steps of the house, escorted defendants away and told them they were under arrest.

The ordinance under which the defendants were charged provides that 'Any person who shall resist any officer of the police department in the discharge of his duties, or shall in any way interfere with or hinder or prevent him from discharging his...

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40 practice notes
  • 280 N.E.2d 697 (Ill. 1972), 43610, People v. Bombacino
    • United States
    • Illinois Supreme Court of Illinois
    • January 14, 1972
    ...a statute as unconstitutional must bring himself within the class as to whom the law is unconstitutional. City of Chicago v. Lawrence, 42 Ill.2d 461, 248 N.E.2d 71, cert. denied 396 U.S. 39, 90 S.Ct. 263, 24 L.Ed.2d 208; People v. Hanke, 389 Ill. 602, 60 N.E.2d 395; Edelen v. Hogsett, 44 Il......
  • 377 N.E.2d 1031 (Ill.App. 1 Dist. 1978), 76-1185, City of Chicago v. Brown
    • United States
    • Illinois Court of Appeals of Illinois
    • May 8, 1978
    ...Pleadings in such cases need not be drawn with the precision of an indictment or information. In City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 248 N.E.2d 71, cert. denied, 396 U.S. 39, 90 S.Ct. 263, 24 L.Ed.2d 208 (1969), the court considered the sufficiency of a complaint for prosecut......
  • 403 N.E.2d 90 (Ill.App. 5 Dist. 1980), 79-275, City of Collinsville v. Seiber
    • United States
    • Illinois Court of Appeals of Illinois
    • April 1, 1980
    ...and fair notice as to the prohibited conduct in light of common understanding and practice. The City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 248 N.E.2d 71; People v. Ridens (1974), 59 Ill.2d 362, 321 N.E.2d 264. In the latter the Supreme Court said, page 371, 321 N.E.2d page 269: &quo......
  • 310 N.E.2d 682 (Ill.App. 1 Dist. 1974), 56652, People v. Davis
    • United States
    • Illinois Court of Appeals of Illinois
    • March 20, 1974
    ...would not be their probable result. People v. Smothers (1973), 55 Ill.2d 172, 176, 302 N.E.2d 324; City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 467--468, 248 N.E.2d 71; People v. Swets (1962), 24 Ill.2d 418, 423, 182 N.E.2d 150. VI. Finally, defendant Davis contends that the two concu......
  • Request a trial to view additional results
40 cases
  • 280 N.E.2d 697 (Ill. 1972), 43610, People v. Bombacino
    • United States
    • Illinois Supreme Court of Illinois
    • January 14, 1972
    ...a statute as unconstitutional must bring himself within the class as to whom the law is unconstitutional. City of Chicago v. Lawrence, 42 Ill.2d 461, 248 N.E.2d 71, cert. denied 396 U.S. 39, 90 S.Ct. 263, 24 L.Ed.2d 208; People v. Hanke, 389 Ill. 602, 60 N.E.2d 395; Edelen v. Hogsett, 44 Il......
  • 377 N.E.2d 1031 (Ill.App. 1 Dist. 1978), 76-1185, City of Chicago v. Brown
    • United States
    • Illinois Court of Appeals of Illinois
    • May 8, 1978
    ...Pleadings in such cases need not be drawn with the precision of an indictment or information. In City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 248 N.E.2d 71, cert. denied, 396 U.S. 39, 90 S.Ct. 263, 24 L.Ed.2d 208 (1969), the court considered the sufficiency of a complaint for prosecut......
  • 403 N.E.2d 90 (Ill.App. 5 Dist. 1980), 79-275, City of Collinsville v. Seiber
    • United States
    • Illinois Court of Appeals of Illinois
    • April 1, 1980
    ...and fair notice as to the prohibited conduct in light of common understanding and practice. The City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 248 N.E.2d 71; People v. Ridens (1974), 59 Ill.2d 362, 321 N.E.2d 264. In the latter the Supreme Court said, page 371, 321 N.E.2d page 269: &quo......
  • 310 N.E.2d 682 (Ill.App. 1 Dist. 1974), 56652, People v. Davis
    • United States
    • Illinois Court of Appeals of Illinois
    • March 20, 1974
    ...would not be their probable result. People v. Smothers (1973), 55 Ill.2d 172, 176, 302 N.E.2d 324; City of Chicago v. Lawrence (1969), 42 Ill.2d 461, 467--468, 248 N.E.2d 71; People v. Swets (1962), 24 Ill.2d 418, 423, 182 N.E.2d 150. VI. Finally, defendant Davis contends that the two concu......
  • Request a trial to view additional results