People v. Massie
| Decision Date | 17 May 1972 |
| Docket Number | No. 71--211,71--211 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gerald Allen MASSIE, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Ralph Ruebner, Ill. Defender Project, Elgin, Matthew J. Moran, Chicago, for appellant.
Jack Hoogasian, State's Atty., Waukegan, for appellee.
The question presented here is whether a guilty verdict is void for lack of unanimity because when polled, one of the jurors who signed the verdict responded 'I pleaded guilty, yes' to the question, '. . .. was and is this now your verdict?'
No further inquiry was made of that juror. When the State requested entry of judgment on the verdict, defendant's counsel objected on the grounds of the juror's answer and requested time to prepare the necessary motions, mentioning specifically a motion for new trial. The Court thereafter denied his motion for new trial, which did not set forth any objection based on the juror's answer, and entered judgment of guilty of burglary. After hearing on mitigation and aggravation, defendant was sentenced to one to six years in the penitentiary.
Counsel for defendant cited no authorities to support his contention that the juror's answer renders void the guilty verdict which that juror signed, along with the others. The only authorities cited support the requirement of unanimity.
The guilty verdict was read in open court by the foreman. The answer of the juror in question included the affirmative word 'yes' when asked if it was and is his verdict. The mere fact that prior to his affirmative answer he uttered the words 'I pleaded guilty' does not detract in the least from the jury's unanimity. The judgment of the Court, is, therefore, affirmed. This determination of the question presented renders it unnecessary for us to consider the State's contention that the defendant's failure to raise this point in his motion for a new trial constitutes a waiver thereof.
Judgment affirmed.
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People v. Smith
...will be determined by us from the record and from no other source. Perhaps the most pertinent authority here is People v. Massie (1972), 5 Ill.App.3d 432, 283 N.E.2d 293, where, upon being polled, a juror stated, "I pleaded guilty, yes." This court held that the mere fact that the juror use......
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People v. Preston, s. 62547
...that I was * * * reluctant, I should state" (People v. Gardner, 40 Ill.App.3d at 702, 352 N.E.2d at 449); and in People v. Massie (1972), 5 Ill.App.3d 432, 283 N.E.2d 293, where when asked whether it was and is his verdict, a juror answered "I pleaded guilty, Thus, where the trial court, as......
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People v. Gardner
...(People v. Hill, 14 Ill.App.3d 20, 302 N.E.2d 373.) In the other case a juror responded, 'I pleaded guilty, yes.' (People v. Massie, 5 Ill.App.3d 432, 283 N.E.2d 293.) In both cases it was held that the responses did not demonstrate any lack of unanimity among the In the instant case, the f......
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People v. Bennett, 85-2569
...v. Hill (1973), 14 Ill.App.3d 20, 302 N.E.2d 373.) In a third case a juror responded, "I pleaded guilty, yes." (People v. Massie (1972), 5 Ill.App.3d 432, 283 N.E.2d 293.) In all three cases it was held that the responses did not demonstrate any lack of unanimity among the jurors. In Herron......