People v. McGowan
| Decision Date | 20 May 1953 |
| Docket Number | 32544,Nos. 32543,s. 32543 |
| Citation | 415 Ill. 375,114 N.E.2d 407 |
| Parties | PEOPLE v. McGOWAN (two cases). |
| Court | Illinois Supreme Court |
Page 407
v.
McGOWAN (two cases).
Rehearing Denied Sept. 21, 1953.
[415 Ill. 376]
Page 408
Frank J. Ferlic, Joseph D. Gannon and Eugene Wood, all of Chicago, for plaintiffs in error.[415 Ill. 377] Ivan A. Elliott, Atty. Gen., and John S. Boyle, State's Atty. of Chicago (John T. Gallagher, Rudolph L. Janega, Arthur F. Manning, William J. McGah, Jr., and Eugene F. Welter, all of Chicago, of counsel), for the People.
DAILY, Justice.
Upon separate informations filed in the municipal court of Chicago, plaintiffs in error, Vernon McGowan and Thomas McGowan, were tried and convicted by the court, after waiving a jury, for knowingly possessing 'policy slips' in violation of section 3 of the act to prevent policy-playing. (Ill.Rev.Stat.1951, chap. 38, par. 414.) Each was sentenced to a term of thirty days in the house of correction and each has sued out a writ of error from this court. Since identical issues are presented the causes have been consolidated for purposes of opinion.
Although the crime for which plaintiffs in error were charged and convicted is a misdemeanor, reviewable in the first instance by writs of error sued out of the Appellate Court (Ill.Rev.Stat.1951, chap. 38, par. 780 1/2), they seek to have the cause reviewed in this court on the ground that they were illegally arrested and searched in violation of section 6 of article II of the Illinois constitution, S.H.A., and the fourth amendment to the Federal constitution. Since a sufficient number of my colleagues construe the contention as involving a fairly debatable constitutional question which was passed upon by the trial court, we have taken jurisdiction over the contention of the People that the cause should be transferred to the Appellate Court.
The record discloses that Chicago police officers, proceeding in the course of their duties, observed Vernon McGowan park his automobile near a building at 2944 Vernon Avenue, after which he entered the building by the rear basement door. Shortly thereafter three men, Thomas McGowan, Kermit Dowkins, and Washington [415 Ill. 378] Taylor, emerged from the same door carrying four bulging canvas zippered bags of the same type. Two of the bags were carried by Dowkins and were open at the top disclosing to the view of the officers that they contained policy slips. All three men were arrested on the spot and the canvas bags taken from them and those carried by Taylor and Thomas McGowan were likewise found to
Page 409
contain policy slips. While two officers kept the three men in custody, officers Allman and Flynn went to the basement door and knocked. They received no answer and Allman then went to the first-floor front door and told the landlady that he wanted to see Vernon McGowan, who was in the basement. She led him through her apartment to the kitchen door and told him to go outside to the basement door, then she went to the basement by an inside stairs, opened the basement door and admitted the officers. The front part of the basement was partitioned off and the door leading to that space was locked from the inside. Allman then started up the inside staircase and encountered Vernon McGowan on a landing where he was peeking out a window. He brought McGowan to the partitioned space and asked him to tell the persons inside to open the door. McGowan replied: 'You are a policeman, smash it in,' following which the officers took the pins from the hinges and removed the entire door. They found four men in the room, two of whom had ink smeared on their hands similar in color to that used on the policy slips. There was also a small closet, the door of which was locked. The officers removed the hasp and broke the lock and found two large bags containing policy slips, a small box of policy slips, two printing presses, type, paper and ink. All the men in the room were arrested and later, at the police station, policy slips and a rent receipt for the front basement rooms were taken from the person of Vernon McGowan.Before...
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