People v. Novak
| Decision Date | 20 December 1938 |
| Docket Number | No. 24944.,24944. |
| Citation | 370 Ill. 220,18 N.E.2d 235 |
| Parties | PEOPLE v. NOVAK. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Criminal Court, Cook County; George Fred Rush, Judge.
Gus Novak was convicted of robbery, and he brings error.
Affirmed.Frank A. McDonnell, of Chicago (Elwyn E. Long, of Chicago, of counsel), for plaintiff in error.
Otto Kerner, Atty. Gen., Thomas J. Courtney, State's Atty., of Chicago, and A. B. Dennis, of Danville (Edward E. Wilson, John T. Gallagher, Blair L. Varnes, and Melvin S. Rembe, all of Chicago, of counsel), for the People.
Gus Novak was found guilty by a jury in the criminal court of Cook county of forcibly robbing John Wrubel. After denial of motions for a new trial and in arrest of judgment, Novak was sentenced to serve from one to twenty years in the penitentiary.
On the evening of November 25, 1937, Wrubel and a companion were attacked by Novak and Ted Zearkowski as they entered the hallway of their rooming-house. The two men resisted their attackers and were severely beaten. During the melee, Wrubel made such effective use of his pocket knife that Zearkowski died before he could be brought to trial and Novak was hospitalized for a time. Novak did not testify at the trial. The sufficiency of the evidence to sustain the verdict is not questioned in this court.
Immediately after the verdict was returned a verbal motion for a new trial was made. It was quickly overruled and Novak was given ten days in which to file the motion in writing. Written motions for a new trial and in arrest of judgment were filed a few days later, nunc pro tunc as of the day the verbal motion was made. The trial judge denied the motion for a new trial again, but allowed counsel for Novak to argue one of the written reasons why a new trial should be granted. The judge stated that if he was impressed by the statements of counsel he might change his ruling. After listening to argument on the selected reason the court adhered to the former ruling. The failure of the trial court to hear any argument for the motion in arrest of judgment is not questioned. Reversible error is charged because the trial court refused to permit counsel for Novak to argue the written motion fully.
Whether an instantaneous overruling of motions for a new trial or in arrest of judgment, without hearing what reasons will be presented in support, is prejudicial error, must depend solely upon the facts of each particular case. People v. Pers, 362, Ill. 298, 199 N.E. 812. Careful reading of the evidence for and against Novak enables one to understand that the verdict was the only rightful one the jury could report. There was no denial...
To continue reading
Request your trial
-
People v. Mills
...who was in a position to have disputed such testimony.' (244 Ill. at 59, 91 N.E. at 109; see also People v. Norman; People v. Novak, 370 Ill. 220, 222, 18 N.E.2d 235; People v. Birger, 329 Ill. 352, 368, 160 N.E. 564; People v. Donahoe, 279 Ill. 411, 433, 117 N.E. 105.) In contrast to this ......
-
People v. Keagle
...People, and a statement pointing out this fact is not an unwarranted reference to the failure of the defendant to testify. People v. Novak, 370 Ill. 220, 18 N.E.2d 235; People v. Birger, 329 Ill. 352, 160 N.E. Defendant next complains of the incompetency of his counsel on the trial and cite......
-
People v. Norman
... ... (People v. Keagle, 7 Ill.2d 408, 131 N.E.2d 74; People v. Novak, 370 Ill. 220, 18 N.E.2d 235; People v. Birger, 329 Ill. 352, 160 N.E. 564.) Although the prosecutor emphasized the uncontradicted character of the People's case, there was no evidence whatever presented by the defense, and statements pointing out the fact that the ... People's case was ... ...
-
People v. Ciconte
...defendant was the only person who could have denied the People's evidence. (People v. Keagle, 7 Ill.2d 408, 131 N.E.2d 74; People v. Novak, 370 Ill. 220, 18 N.E.2d 235; People v. Birger, 329 Ill. 352, 160 N.E. 564.) Although the prosecutor emphasized the uncontradicted character of the Peop......