People v. Overbey, 23382.
| Citation | 200 N.E. 325,362 Ill. 488 |
| Decision Date | 19 February 1936 |
| Docket Number | No. 23382.,23382. |
| Parties | PEOPLE v. OVERBEY. |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
Error to Criminal Court, Cook County; William V. Brothers, Judge.
Floyd Overbey was convicted for larceny of a motor vehicle, and he brings error.
Affirmed.
Herbert M. Wetzel and William J. Earley, both of Chicago (George H. Sugrue, 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, and Richard H. Devine, all of Chicago, of counsel), for the People.
Floyd Overbey was indicted in the criminal court of Cook county for larceny of a motor vehicle. He entered a plea of not guilty, waived a trial by jury, and the court found him guilty. Motions for a new trial and in arrest of judgment were overruled, and the defendant was sentenced to imprisonment in the penitentiary for an indeterminate term of from one to twenty years. He prosecutes this writ of error.
On March 3, 1935, about 8:30 p. m., Ole Nelson, the owner of a 1930 Chevrolet automobile, sedan model, locked his car and parked it on one of the public streets in Chicago. When he returned for his automobile two hours later, it was gone. On the afternoon of March 6, Police Officer John Morgan arrested the defendant while the latter was engaged in an argument with the proprietor of a gas station. When apprehended, the defendant was in a Chevrolet sedan which had a ‘For sale’ sign on it. Officer Morgan took the defendant and the automobile to the Chicago Lawn Station. Morgan pointed out the automobile to Francis Murray, another police officer. Murray testified that the car shown him by Officer Morgan was a 1930 Chevrolet sedan, that no license was displayed on the car, and that the motor number was 341773, but that the serial number had been removed. From his examination of the car he expressed the opinion that the motor number had been changed. In particular, he testified that the motor numbers, and the bolts which carry them, appeared to have been ground off in a manner different from the usual factory methods. Another indication of tampering, according to the witness, was a certificate of title which purported to be the certificate for the car in question. This certificate was discovered when the defendant was arrested. Although the motor number designated in the certificate was 341773 (the same number which appeared on the stolen car when recovered), the ownership certificate was for a 1929 Chevrolet, cabriolet model, and not for a 1930 sedan model. Murray took the car to the Navy Pier police garage. On March 7 he accompanied Ole Nelson to the garage, where Nelson positively identified the automobile as his property, and it was surrendered to him.
The defendant testified that between 8:30 and 10:30 p. m. on March 3, 1935, he was playing cards with William Miles, Ot-to Neslund, and Harry C. Nelson, Jr., in Nelson's second floor apartment at 2542 South Normal avenue, and that Harold Overbey, one of his sons, was also present. Each of these four persons testified in behalf of the defendant and corroborated his testimony. Harold Overbey testified that he observed but did not participate in the card game. From their testimony it also appears that the defendant resided with Harry Nelson, that Harold Overbey, and Miles, his stepfather, lived on the first floor of the same building and that Neslund owned it.
Additional facts and circumstances are shown by the evidence. The defendant testified further that he did not remain at home on March 4; that on the following day he went out to see about some batteries; that on March 6 he...
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