People v. French
| Decision Date | 28 September 1965 |
| Docket Number | No. 38533,38533 |
| Citation | 210 N.E.2d 540,33 Ill.2d 146 |
| Parties | The PEOPLE of the State of Illinois, Defendant in Error, v. Richard R. FRENCH, Plaintiff in Error. |
| Court | Illinois Supreme Court |
John E. McGovern, Jr., Chicago (Charles R. Staley, Chicago, of counsel), for plaintiff in error.
William G. Clark, Atty. Gen., Springfield, and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and Elmer C. Kissane and Albert J. Armonda, Asst. State's Attys., of counsel), for defendant in error.
Defendant was convicted of burglary and theft after a bench trial in the circuit court of Cook County. He was sentenced to a term of 7 to 14 years imprisonment. This writ of error seeks reversal on the grounds that: (1) alleged oral confessions were admitted against defendant in violation of the 6th and 14th amendments to the U.S. constitution, (2) evidence admitted against defendant was seized during an unconstitutional search, (3) a mistrial should have been declared because of highly prejudicial statements of one of the State's witnesses.
The testimony indicates that on October 30, 1962, the apartment of Gloria Bates, the complaining witness, at 7726 South Eggleston, Chicago, was broken into and that several articles were taken therefrom.
Upon information received through investigation, Chicago detectives on November 1, 1962, went to the abode of David Hayes at 2133 South Hearding, Chicago. After questioning during which incriminating statements were allegedly mede, and a search of Hayes's car without a warrant and with no apparent consent of Hayes, the latter and one Robert Brown were arrested in connection with the instant burglary. They were subsequently indicted as co-defendants along with Richard French, defendant herein. A nolle prosequi was entered as to Brown.
After taking Hayes and Brown to Area 2 police headquarters and interrogating them further, the detectives took Hayes to the apartment of Alice Cooper at 2135 South Harding Avenue. The testimony is in conflict as to whether defendant French was living with Miss Cooper at the above address, but French, himself, denied at the trial that such was the case. He stated that he was courting Miss Cooper, but did not live there. Pursuant to Alice Cooper's consent, the detective commenced a search of the apartment during which several items subsequently identified at the trial as those missing from the Bates apartment were discovered. About 10:00 P.M. on November 1, 1962, according to one version of the occurrences, Richard French came into Alice Cooper's apartment, was confronted by the detectives, and after a few questions admitted participation in the burglary. According to another version, French was arrested outside the Cooper apartment and brought into the premises and questioned. Defendant testified that he was told to take a good took at Hayes and tell the officers all about the burglary. Hayes's face and hands were allegedly swollen. Upon seeing Hayes, defendant admitted participation in the instant burglary, his testimony intimating that he feared for his physical safety and that this prompted the confession. In any event, defendant was arrested and taken to Area 2 headquarters where he allegedly, in the presence of co-defendant Hayes and the officers, fully orally admitted complicity in the burglary. No written statements were obtained.
All of the officers present during the confessions, save one who was unable to attend on account of his child's illness, were present and testified at the trial. All denied any physical maltreatment of either Hayes or defendant French.
Defendant's principal contentions are (1) that the oral confessions should not have been admitted into evidence because defendant, at the time they were given, had not been apprised of his constitutional right to remain silent and his right to counsel; (2) that evidence admitted at the trial was taken during an unconstitutional search and seizure. It is also contended that the confessions should not have been admitted because of the prosecution's failure to produce a material witness present at the time they were made. However, the State points out that no objections were made at the trial to the admission of the oral confessions and the items seized at Alice Cooper's apartment. It is well settled...
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People v. 1945 North 31ST Street, Decatur
...deemed procedurally defaulted. See, e.g., People v. Pelegri, 39 Ill.2d 568, 574-75, 237 N.E.2d 453 (1968); People v. French, 33 Ill.2d 146, 149-50, 210 N.E.2d 540 (1965). Accordingly, the circuit court properly included Detective Dailey's testimony regarding Kupish's hearsay statement as pa......
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