People v. Cuttley
Decision Date | 17 April 1967 |
Docket Number | Gen. No. 51101 |
Citation | 226 N.E.2d 479,82 Ill.App.2d 321 |
Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Ivory CUTTLEY, (Impleaded), Defendant-Appellant. |
Court | United States Appellate Court of Illinois |
Gerald W. Getty, Public Defender of Cook County, Frederick F. Cohn, James J. Doherty, Asst. Public Defenders, of counsel, for appellant.
Daniel P. Ward, State's Atty., County of Cook Elmer C. Kissane, Morton Friedman, Asst. State's Attys., of counsel, for appellee.
A jury found defendant guilty of robbery, and he was sentenced to 4 to 12 years. On appeal, he contends he was not proved guilty beyond a reasonable doubt and his constitutional rights were violated when the State was allowed to present to the jury evidence of defendant's prior convictions.
On April 26, 1965, at 1:30 A.M., Robert Lea, a cab driver, was robbed by two men. Shortly thereafter, while at a police station, he identified defendant as one of the robbers, and later identified defendant in a line-up. The cab driver and a police officer testified that defendant admitted his guilt. Defendant denied the robbery or any admissions.
At the trial, Lea, the cab driver, identified defendant in the courtroom. Lea testified that defendant and Hosea Johnson entered his cab, and after being driven around, they robbed him of $41. Defendant Cuttley 'put a knife on my neck * * * the blade was open.' After the robbery, Lea jumped out of the cab, and He lost sight of them and reported the matter to a passing police car.
Later that morning, and at a police station, defendant Cuttley was brought in, and Lea said, 'That's the guy right there that stuck me up.' While in the presence of the arresting officers, defendant Cuttley asked Lea for a cigarette and Lea gave him a whole package, and Later, at 11th and State Street, Lea saw Cuttley and Johnson in a line-up. This was the first time he saw Johnson after the robbery. Present were Officers Alford and Morley, and
James Alford, a police officer, testified for the State and identified Cuttley and substantially corroborated Lea's testimony as to the happening at the police station. He heard Lea ask,
Officer Alford further testified that he had arrested Hosea Johnson on information given him by Cuttley, and at 11th and State Cuttley and Johnson accused each other of having or holding the knife. After Lea left the police station, and in the presence of Detective Morley and Johnson, Officer Alford asked Cuttley why he committed the robbery, and 'he stated that he wanted to get some money to purchase an automobile.'
On cross-examination, Officer Alford stated that he did not get a written statement from Cuttley, and 'I never wrote down any of the admissions he made.'
Defendant Cuttley testified and denied the robbery or any admissions. He was arrested by Officer Alford and interrogated about a shotgun. He was taken to the police station, where he saw Lea, the cab driver, who said nothing. Later Cuttley asked Alford for a cigarette, and the cab driver gave him a package and said, "I am giving you this package because you robbed me.' I said, 'I didn't rob you, mister, you know.' So he said, 'You put a knife on me.' I didn't know what he was talking about. I accepted the pack of cigarettes from him. I really did. I never said to him, 'I didn't hurt you, did I?" Cuttley denied saying to Officer Alford that he would 'beat this case in court,' and on cross-examination said, '(H)e was asking me did I rob him and I told him no, I did not rob him. So the detective told me, he said, 'If you did rob him,' he said, 'You should have robbed him,' and I asked him why. * * * that is when he said, 'I will see to it that you get ten years."
In rebuttal, Robert Lea and James Alford testified that Alford never told defendant he was going to get ten years. Officer Thomas Morley also testified in rebuttal that
Defendant's first contention is that during the trial, oral confessions were admitted in violation of section 114--10 (Ill.Rev.Stat., Ch. 38), and except for the improperly admitted evidence, the State's case was based on a single identification, which was inherently weak.
The record shows that on December 13, 1965, after prospective jurors were sworn for examination upon their Voir dire and placed in the jury box, the court recessed further questioning of the jury until 2:00 P.M. of the same day. At two o'clock, and before the questioning of the prospective jurors was resumed, the State asked leave 'to amend its list of witnesses of those persons present at the time of an oral statement by the defendant, Ivory Cuttley, and the defendant, Hosea Johnson,' and stated to the court,
Counsel for the defendant objected to the amendment. The court allowed the motion and offered defense counsel any time necessary to interview the person added. After discussion, the court offered to allow a motion for mistrial if counsel for defendant made it. Another recess was taken, after which counsel for defendant stated: 'Let the record show I have spoken to Detective Morley and I still object to the inclusion of his name, but we are ready to proceed.' The...
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People v. Branscomb
...of prior convictions are admissible for impeachment purposes. People v. Davis, 412 Ill. 391, 402, 107 N.E.2d 607, and People v. Cuttley, 82 Ill.App.2d 321, 226 N.E.2d 479. Also, see Ill. Rev.Stat. (1967), ch. 38, § 155--1. Where the defendant has gone by another name, as testified to by def......
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People v. Gilmore
...that defendant's prior convictions were to be considered by them only for the purpose of affecting his credibility. In People v. Cuttley, 82 Ill.App.2d 321, 226 N.E.2d 479, a similar jury instruction was given and the defendant claimed that 'evidence of defendant's prior criminal record is ......
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People v. Bibbs
... ... Although the finding of waiver disposes of this issue, even if the question were before this court, the case of People v. Cuttley, 82 Ill.App.2d 321, 226 N.E.2d 479 (1967) would dispose of this issue regarding the alleged denial of due process by the introduction of a prior conviction record for impeachment purposes ... Finally, defendant seeks a reduction of the minimum sentence imposed by the trial court ... ...
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...accused in a criminal prosecution is accorded, and indeed guaranteed, the right to a fair and impartial trial, (People v. Cuttley (1967), 82 Ill.App.2d 321, 328, 226 N.E.2d 479), and a defendant, no matter how reprehensible his crime or how black his history of past misdeeds, is entitled to......