People v. Jackson

• Decision Date: 27 May 1963
• Docket Number: No. 36607,36607
• Citation: People v. Jackson, 190 N.E.2d 823, 28 Ill.2d 37 (Ill. 1963)
• Parties: The PEOPLE of the State of Illinois, Defendant in Error, v. Leo JACKSON, Plaintiff in Error.
• Court: Illinois Supreme Court

Page 823

190 N.E.2d 823

28 Ill.2d 37

The PEOPLE of the State of Illinois, Defendant in Error, v. Leo JACKSON, Plaintiff in Error.

No. 36607.

Supreme Court of Illinois.

May 27, 1963.

Martin S. Abrams, Chicago, for plaintiff in error.

William G. Clark, Atty. Gen., Springfield, and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach and E. Michael O'Brien, Asst. Attys. Gen., and Edward J. Hladis and Joseph V. Roddy, Asst. State's Attys., of counsel), for defendant in error.

UNDERWOOD, Justice.

Defendant seeks review of his conviction of the unlawful sale of narcotics following a bench trial in the criminal court of Cook County resulting in a sentence of imprisonment for a period of 10 years to 10 years and a day. He argues his court appointed counsel did not have adequate time to prepare for trial, that he was subjected to an 'illegal search and seizure,' and that the uncorroborated testimony of an admitted addict, when considered together with material variations in the testimony of the State's principal witness, was insufficient to establish guilt beyond a reasonable doubt.

The contention that the defense did not have adequate time to prepare for trial apparently is prompted by the allegation, included in defendant's statement of facts, that the first time he talked to the lawyer who represented him on the February 7th trial was the afternoon of February 6 when defendant says he was advised by trial counsel that he (trial counsel) was replacing the attorney first assigned to the case. However, we may consider only that which appears from the record (People v. Lance, 25 Ill.2d 455, 457, 185 N.E.2d 221, and cases there cited), and there is nothing therein supporting defendant's argument except that the assistant public defender appearing at the arraignment, and the assistant appearing at the trial were different individuals. It is affirmatively shown that defendant was arraigned on December 2, 1960, the public defender appointed to represent him, a plea of not guilty entered and the cause continued several times, being called for trial by jury on February 7, at which time defendant indicated he wanted to waive a jury, and the trial judge then proceeded to hear the case. Nowhere does there appear any motion for continuance or objection to the proceeding by defendant or his counsel, nor is it shown when the assistant who tried the case first entered the proceedings. The fact that an assistant public defender, other than the one originally appearing, actually tried the case falls far short of establishing that the defendant suffered any prejudice. There is no merit in this contention.

The factual statement indicates a police informer was disrobed, examined, supplied with marked funds and then taken by the officers to a point near a tavern where he alighted from the unmarked police car and walked up the street to a tavern. The officers followed at a distance, and observed the witness enter the tavern. He shortly came out and gave the officers four capsules which were shown to be heroin by a chemical analysis admitted by stipulation at the trial. The informer talked to the officers who then returned to the tavern, arrested one Minnie Griffin as she came out of the tavern, and arrested defendant in the tavern.

The informer testified that upon entering the...