City of East Peoria v. Moushon, No. 76--259

CourtUnited States Appellate Court of Illinois
Writing for the CourtSTENGEL; STOUDER, P.J., and BARRY
Citation45 Ill.App.3d 719,359 N.E.2d 1205
Docket NumberNo. 76--259
Decision Date04 February 1977
Parties, 4 Ill.Dec. 253 CITY OF EAST PEORIA, Illinois, Plaintiff-Appellee, v. Virginia MOUSHON, Defendant-Appellant.

Page 1205

359 N.E.2d 1205
45 Ill.App.3d 719, 4 Ill.Dec. 253
CITY OF EAST PEORIA, Illinois, Plaintiff-Appellee,
v.
Virginia MOUSHON, Defendant-Appellant.
No. 76--259.
Appellate Court of Illinois, Third District.
Feb. 4, 1977.

[45 Ill.App.3d 720]

Page 1207

[4 Ill.Dec. 255] Safford, West, Tornow, Radley & Mathers, Peoria, for defendant-appellant.

Carl F. Reardon, East Peoria, for plaintiff-appellee.

STENGEL, Justice:

Defendant Virginia Moushon appeals from convictions for disorderly conduct and resisting arrest in violation of two municipal ordinances.

According to the evidence adduced at the jury trial, defendant ran over a neighbor child's tricycle as she was backing her car into the driveway next to her home. The Neighbor, Mrs. Bohannon called the police, and Officer Gerald White responded to the call. While Officer White was talking to Mrs. Bohannon at the end of the driveway, defendant came out of her house carrying a baseball bat and said something which White could not hear. He asked her to put the bat down, and she responded, 'No, I'm not going to put it down. I am going to bash your head in.' [45 Ill.App.3d 721] Defendant eventually went inside after White asked for her driver's license, and then White and another officer walked up the driveway to inspect the car and tricycle. Defendant came to her front door and told the policemen to get off her property. Defendant refused to go back into her house when ordered to by White, and continued to yell and threaten the policemen. By this time other persons had come out of neighboring houses and were watching the confrontation. White then told defendant she was under arrest for disorderly conduct.

Defendant ran back into the house and shut the door. White and another officer followed her inside and succeeded in handcuffing her after a struggle during which she kicked and fought the officers and screamed to her 10-year-old son, 'Bite the policeman, kick him, find the bat, hit him.' During the ride to the police station, defendant had to be physically restrained, and she screamed that she was going to kill every policeman in East Peoria and would kill her neighbors. Defendant was charged with violating the city ordinances which prohibited disorderly conduct and resisting arrest.

At trial defendant appeared Pro se. After hearing the testimony of Officer White, defendant, and other witnesses, the jury returned verdicts of guilty on both charges. The court fined defendant $65 plus $10 costs on the resisting arrest conviction, and $15 plus $10 costs on the disorderly conduct conviction. Defendant's post-trial motion was denied, and this appeal followed.

Defendant contends that the ordinances are unconstitutional, that one jury instruction was erroneous, and that the verdicts were against the manifest weight of the evidence.

Defendant first asserts that the disorderly conduct ordinance is unconstitutional on its face because it is too vague and indefinite to give reasonable notice of the prohibited conduct to those who wish to avoid its penalties, and also it fails to apprise judge and jury of standards for the determination of guilt, thus violating the requirements of procedural due process under the fourteenth amendment to the United States Constitution and article I, section 2 of the Illinois Constitution. Defendant also contends that the ordinance is overly broad and impermissibly restricts freedom os speech in violation of the first and fourteenth amendments to the United States Constitution and article, I, section 2 of the Illinois Constitution.

We note that defendant did not raise the overly broad issue in the trial court. Since that question was not ruled upon by the trial court, it cannot be raised

Page 1208

[4 Ill.Dec. 256] for the first time on appeal. (People v. Eubank (1970), 46 Ill.2d 383, 263 N.E.2d 869.) Defendant's post-trial motion did allege that the ordinance was unconstitutional on grounds of vagueness, so we may [45 Ill.App.3d 722] assume that the trial court considered that...

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5 practice notes
  • Townley, Matter of, No. 15547
    • United States
    • Supreme Court of South Dakota
    • 22 Abril 1987
    ...of any of the seller's expenses whatsoever may be deducted from the selling price in computing use tax liability." Id. 359 N.E.2d at 1205. The courts have reached a similar result in many cases * dealing with the costs of transportation or delivery. National claims these cases are &quo......
  • Keystone Consol. Industries, Inc. v. Allphin, No. 76--117
    • United States
    • United States Appellate Court of Illinois
    • 4 Febrero 1977
    ...the purchaser of the articles sold. (Cohen v. Playboy Clubs International, Inc. (1st Dist. 1974), 19 Ill.App.3d 215, 311 N.E.2d 336.) [45 Ill.App.3d 719] The plain language of the statute is clear. No reimbursement of any of the seller's expenses whatsoever may be deducted from the selling ......
  • Airco Indus. Gas Div., BOC Group, Inc. v. Illinois Dept. of Revenue, No. 4-91-0313
    • United States
    • United States Appellate Court of Illinois
    • 30 Diciembre 1991
    ...the oxygen and nitrogen supplied to Keystone. Under the statute, these charges are a part of the selling price." Keystone, 45 Ill.App.3d at 719, 4 Ill.Dec. at 253, 359 N.E.2d at [223 Ill.App.3d 392] Plaintiff maintains the instant case is distinguishable from Keystone because Page 1021......
  • Liquid Air Corp. v. Johnson, No. 1-90-2988
    • United States
    • United States Appellate Court of Illinois
    • 31 Diciembre 1992
    ...selling price of the gas for purposes of determining Keystone's use tax liability. (Keystone, 45 Ill.App.3d at 718, 4 Ill.Dec. at 253, 359 N.E.2d at 1205.) The Keystone court agreed, holding that the facility and storage charges served the purpose of compensating Chemetron for some of the c......
  • Request a trial to view additional results
5 cases
  • Townley, Matter of, No. 15547
    • United States
    • Supreme Court of South Dakota
    • 22 Abril 1987
    ...of any of the seller's expenses whatsoever may be deducted from the selling price in computing use tax liability." Id. 359 N.E.2d at 1205. The courts have reached a similar result in many cases * dealing with the costs of transportation or delivery. National claims these cases are &quo......
  • Keystone Consol. Industries, Inc. v. Allphin, No. 76--117
    • United States
    • United States Appellate Court of Illinois
    • 4 Febrero 1977
    ...the purchaser of the articles sold. (Cohen v. Playboy Clubs International, Inc. (1st Dist. 1974), 19 Ill.App.3d 215, 311 N.E.2d 336.) [45 Ill.App.3d 719] The plain language of the statute is clear. No reimbursement of any of the seller's expenses whatsoever may be deducted from the selling ......
  • Airco Indus. Gas Div., BOC Group, Inc. v. Illinois Dept. of Revenue, No. 4-91-0313
    • United States
    • United States Appellate Court of Illinois
    • 30 Diciembre 1991
    ...the oxygen and nitrogen supplied to Keystone. Under the statute, these charges are a part of the selling price." Keystone, 45 Ill.App.3d at 719, 4 Ill.Dec. at 253, 359 N.E.2d at [223 Ill.App.3d 392] Plaintiff maintains the instant case is distinguishable from Keystone because Page 1021......
  • Liquid Air Corp. v. Johnson, No. 1-90-2988
    • United States
    • United States Appellate Court of Illinois
    • 31 Diciembre 1992
    ...selling price of the gas for purposes of determining Keystone's use tax liability. (Keystone, 45 Ill.App.3d at 718, 4 Ill.Dec. at 253, 359 N.E.2d at 1205.) The Keystone court agreed, holding that the facility and storage charges served the purpose of compensating Chemetron for some of the c......
  • Request a trial to view additional results

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