People v. Lampson
Decision Date | 17 September 1970 |
Docket Number | No. 69--109,69--109 |
Citation | 262 N.E.2d 601,129 Ill.App.2d 72 |
Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jack Eugene LAMPSON, Defendant-Appellant. |
Court | United States Appellate Court of Illinois |
John Donald O'Shea, East Moline, for defendant-appellant.
James N. DeWulf, State's Atty., Rock Island, for plaintiff-appellee.
Defendant, Jack Eugene Lampson, has appealed from a judgment and sentence of the Circuit Court of Rock Island County entered on the verdict of a jury finding defendant guilty of burglary.
About 4:15 A.M. on the morning of June 19, 1969, an automatic alarm connected to the Rock Island Police Department indicated that a break-in might have occurred at Gene-O's Tavern located in Rock Island. Officer Hird was the first officer to arrive on the scene and as he approached the rear of the building he saw a man emerging therefrom. Hird stopped his car, gave chase, fired two shots at the fleeting man but lost him after the suspect had turned a corner. As Hird started chasing the suspect he heard the sound of shattering glass and it was at this juncture that Officer Rice arrived on the scene. Rice approached the tavern and the street in front of the tavern. As he neared the tavern the large front plate glass window of the tavern was shattered from the inside and a person emerged from the tavern through the hole in the broken window. The person was wearing a light green shirt and taki trousers and after emerging through the window the suspect ran across the street. Rice stopped his car almost in front of the tavern and pursued the suspect. Rice fired five shots both as warning shots and in the direction of the fleeing suspect. After the suspect had rounded a corner, Rice lost track of him but was advised by some unidentified person that someone had run between the buildings into the backyard. Rice went into the backyard area where after searching with his flashlight, the defendant was discovered in the bushes. He was ordered to come out and did so at which time he was placed under arrest. He was wearing kaki pants, light green shirt and cotton gloves. Officer Hird, after losing the suspect he was chasing, came to the aid of Rice and they were both present at the time and place of defendant's apprehension which was about a block and a quarter from Gene-O's Tavern.
According to other police officers called to testify by defendant, another person, Leroy Drain, was arrested for the burglary at 4:30 A.M., the arrest taking place a short distance from the tavern. The details leading to the arrest of Drain were described by the officers but it further appeared that the charges against Drain were dropped at the preliminary hearing.
In seeking to reverse the judgment of the trial court defendant has made several assignments of error principally relating to the admission of evidence. The first assignment of error relates to the testimony of officers Rice, Hird, Barker and Smiley.
According to the testimony of Hird and Rice after defendant was arrested he was handcuffed and 'Miranda'd' (advised of his constitutional rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694). The defendant indicated that he did not wish to make a statement and that he...
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...the jury that defendant refused to answer questions after his arrest, (People v. Rothe, 358 Ill. 52, 192 N.E. 777; People v. Lampson, 129 Ill.App.2d 72, 262 N.E.2d 601) and the error affected defendant's right to silence in the face of official interrogation, (see, Griffin v. California (19......
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...either said nothing or stated simply that he did not wish to be questioned or to make a statement. They also cited People v. Lampson (1970), 129 Ill.App.2d 72, 262 N.E.2d 601, in which the accused, when apprehended, stated that he did not wish to make a statement and that he wanted to speak......
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