People v. Gotler
| Decision Date | 02 April 1924 |
| Docket Number | No. 15414.,15414. |
| Citation | 143 N.E. 63,311 Ill. 387 |
| Parties | PEOPLE v. GOTLER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Madison County; J. F. Gillham, Judge.
Sadie Gotler was convicted of receiving stolen goods, and she brings error.
Reversed and remanded.
Burton & Burton, of Edwardsville, for plaintiff in error.
Edward J. Brundage, Atty. Gen., and Joseph P. Streuber, State's Atty., of Edwardsville, Virgil L. Blanding, of Moline, and W. M. P. Smith, of Edwardsville, for the People.
The plaintiff in error, Sadie Gotler, was found guilty by a jury in the circuit court of Madison county of receiving stolen property—that is, certain cartridges and shotgun shells—knowing the same to have been stolen, and she was sentenced on the verdict. This writ of error is brought to review that judgment.
The facts as shown by the record appear to be substantially as follows: Plaintiff in error, aged about 35 years, ran a general store at East Alton, Ill., selling clothing, dry goods, secondhand furniture, and ammunition. Apparently she lived in the second story of the building in which the store was located. Henry Feldwich, night marshal of East Alton, testified that on the night of April 17, 1922, between 8 and 9 o'clock, while on his rounds with Officer Hunt, he saw three men, Parker, Edmonds, and Brown, standing in an 8-foot alley between Mrs. Gotler's building and a drug store, and that these men had with them three sacks full of brass valves. He testified that he and Officer Hunt talked with the men but did not arrest them at that time. He picked up one of the brass valves that was lying on the ground and took it to the city hall; this valve being subsequently introduced in evidence by the state. Two other witnesses, J. W. Cooper and Olaf Lawman, testified for the people that they were in the vicinity and saw the three men and the sacks of brass valves. Lawman testified that he saw Parker and Mrs. Gotler in her building, and that she came downstairs, put her hand in the cash register, and handed Parker something.
Parker testified on behalf of the people that Mrs. Gotler called him into her store one day and asked if he would undertake to steal some property from the Western Cartridge Company and sell it to her, that he could make some money in this manner, and that there was another man, whom she named, making considerable money by selling stolen property to her. The witness testified that the cartridges and shotgun shells in question were stolen by him from the Western Cartridge Company and sold to Mrs. Gotler. He also testified that he stole a number of brass valves, weighing 1,500 pounds, from said company and sold them to Mrs. Gotler, and that he took about 12 electric light globes and some electric wire from the same company and sold these articles to her. He testified that he was then under indictment for the thefts in question, and according to the brief of defendant in error, Parker, Edmonds and Brown are now in the penitentiary.
Brown, one of the three men in the alley, testified for the people, in rebuttal, that he was in the alley at the time the officers saw the brass in the three sacks; that he, together with Parker and Edmonds, took the brass into Mrs. Gotler's store; that Parker told her it was the last time he was going to steal, but that she told him to get some more, that they would not be caught, and she would eispose of the brass before the police came back. He testified that he saw Parker throw the brass over the fence of the cartridge company, and that he (the witness) then went and got it, and that he helped carry the shells from the company's plant to Mrs. Gotler's store.
Plaintiff in error testified in her own behalf, stating that Parker had traded with her for some time; that he told her he was going to visit his wife's people and asked if she wanted to buy his gun, but that she examined it and found it broken; that he then offered to sell her shotgun shells, and stated that he had a large number of cartridges on hand which he had purchased for his own use from the Western Cartridge Company; that he would take $10 for the 10...
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State v. Park
...Mo. 392; Jeffries v. United States, 103 S.W. 761; State v. Goldsberry, 66 Nebr. 320; People v. Weissenberger, 77 N.Y. Supp. 71; People v. Gotler, 311 Ill. 387; Sykes v. State, 112 Tenn. 572. The defendant himself admitted other purchases from, Luther, so the evidence could not have been pre......
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Witters v. United States
...Revision 1914, page 1809. 14 Dampier v. State, 191 Ind. 334, 132 N.E. 590; People v. Willard, 92 Cal. 482, 28 P. 585; People v. Gotler, 311 Ill. 387, 143 N.E. 63; Poon v. State, 120 Tex.Cr. R. 522, 48 S.W.2d 307. See State v. Moxley, 41 Mont. 402, 110 P. 83; Tingley v. United States, 10 Cir......
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State v. Park
...288 Mo. 392; Jeffries v. United States, 103 S.W. 761; State v. Goldsberry, 66 Nebr. 320; People v. Weissenberger, 77 N.Y.S. 71; People v. Gotler, 311 Ill. 387; Sykes State, 112 Tenn. 572. The defendant himself admitted other purchases from Luther, so the evidence could not have been prejudi......
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People v. Knox
...offenses. There are decisions making that distinction where the question at issue is one of knowledge or intent. See People v. Gotler, 311 Ill. 387, 143 N.E. 63; People v. Hobbs, 297 Ill. 399, 130 N.E. 779. But here the question is whether the defendant's conduct evidenced a peculiar plan t......