People v. Cooper
| Decision Date | 20 May 1977 |
| Docket Number | No. 48533,48533 |
| Parties | , 6 Ill.Dec. 870 The PEOPLE of the State of Illinois, Appellant, v. Lorenzo P. COOPER, Appellee. |
| Court | Illinois Supreme Court |
William J. Scott, Atty. Gen., Springfield, and Richard J. Doyle, State's Atty., Danville , for the People.
Richard J. Wilson and Theodore A. Gottfried, Deputy State Appellate Defenders, Springfield, for respondent.
In 1971, defendant, Lorenzo Cooper, pleaded guilty to a charge of arson and was sentenced by the circuit court of Vermilion County to a three-year period of probation, the first six months of which were served at the Illinois State Penal Farm. On July 18, 1974, a petition was filed seeking to revoke his probation. It alleged that defendant violated his probation in that he committed the offenses of unlawful use of weapons, criminal damage to property, aggravated battery, and armed violence. (Ill.Rev.Stat.1973, ch. 38, pars. 24--1(a)(2), 21--1(a), 12--4(b)(1), and 33A--2.) Upon hearing, the trial court dismissed the charge of criminal damage to property, but held against defendant on the three remaining counts. Defendant's probation was revoked and he was sentenced on his earlier arson conviction to a term of two to six years in the penitentiary without credit for time served on probation.
The appellate court, in a two-to-one decision, reversed the trial court's judgment on the grounds that the State failed to prove, by a preponderance of the evidence, the offense charged. (37 Ill.App.3d 365, 345 N.E.2d 506.) We granted the State leave to appeal.
On the evening of July 13, 1974, the defendant and his wife were seated, waiting for a pizza order, in a restaurant in Danville, Illinois. Several feet away from the defendant stood a man, Leamon Covington, who was also waiting for an order. A restaurant employee testified that he observed defendant and Covington exchange glances, that the defendant had smiled a couple of times at Covington, and that Covington was staring and frowning at the defendant. This course of conduct lasted several minutes. Covington then picked up his pizza order and, while facing the defendant, began backing out through the doorway to the parking lot. He then stopped, came back inside, set his pizza down, turned toward the defendant, muttered a few words, and struck his fist into the palm of his hand. Defendant's wife testified that Covington said to the defendant, 'You make me sick.'
After Covington left, the defendant went outside to the trunk of his car and obtained an unloaded revolver. He placed the revolver inside his belt, pulled his shirt over it, and reentered the restaurant. Defendant testified that he obtained the revolver for protection because he and his wife were the only blacks in the restaurant and he was nervous.
A short time later, Covington reentered the restaurant. Defendant and his wife testified that, as they stood at the counter, Covington struck defendant from behind. A fight ensued. The restaurant employee did not see who landed the first blow, but stated 'Everything happened so quick that both (Covington's and defendant's) reactions seemed like they went off at the same time.' Defendant testified that he fell forward, with his face to the floor, and that Covington was on top, hitting him. Shortly after he fell, defendant turned over, drew his revolver from beneath his shirt, and began to beat Covington with the gun on the side of the head 'as many times as (he) could.' The restaurant employee stated that when Covington saw the gun, he immediately attempted to disarm the defendant. When asked how he managed to turn over and draw his revolver with Covington on top of him, defendant stated that he taught wrestling and boxing. During the course of the fight, the defendant's wife picked up a tray and also struck Covington.
A summoned Danville police officer testified that upon arrival at the parking lot he encountered Covington, who had blood streaming from his face. A short time thereafter, the defendant, who had apparently left the restaurant, pulled into the parking lot, got out of his car, and started screaming at the police officer. Defendant testified that he was shouting, 'I want that man arrested.' Defendant, however, was placed under arrest and taken into custody. A search of the defendant's car, which was owned by a friend, revealed an M--1 carbine rifle, some .30-caliber shells, plus .38-and .357-caliber shell casings.
Covington was taken to the hospital for treatment, and,...
To continue reading
Request your trial
-
People v. Colon
...weight of the evidence. People v. Houston, 118 Ill.2d 194, 199, 113 Ill.Dec. 77, 514 N.E.2d 989 (1987); People v. Cooper, 66 Ill.2d 509, 514, 6 Ill.Dec. 870, 363 N.E.2d 817 (1977); People v. Crowell, 53 Ill.2d 447, 451-52, 292 N.E.2d 721 (1973). In the instant case, Sergeant Glynn's testimo......
-
People v. Allegri
...proceedings. She relies on People v. Cooper (1976), 37 Ill.App.3d 365, 345 N.E.2d 506, rev'd on other grounds (1977), 66 Ill.2d 509, 6 Ill.Dec. 870, 363 N.E.2d 817. In Cooper, the trial court revoked defendant's probation. The defendant, while involved in a fight, beat back his assailant us......
-
City of Springfield v. Carter, 4-88-0204
... ... * * * To promote the public health, welfare and safety by protecting the interest of all people in Illinois in maintaining personal dignity, in realizing their ... Page 545 ... [132 Ill.Dec. 805] full productive capacities, and in ... ...
-
People v. Cozad
...court will not disturb the finding unless it is against the manifest weight of the evidence. (People v. Cooper (1977), 66 Ill.2d 509, 514, 6 Ill.Dec. 870, 872, 363 N.E.2d 817, 819.) Here, the judge had ample evidence from which to conclude the defendant violated the conditions of his probat......