People v. Pierce
| Decision Date | 20 January 1976 |
| Docket Number | No. 47393,47393 |
| Citation | 62 Ill.2d 223,341 N.E.2d 705 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Thomas PIERCE, Jr., Appellant. |
| Court | Illinois Supreme Court |
Ackerman, Durkin & Egan, Chicago (Allan A. Ackerman, Chicago, of counsel), for appellant.
William J. Scott, Atty. Gen., Springfield, and Bernard Carey, State's Atty., Chicago , for the People.
A jury in the circuit court of Cook County found the defendant, Thomas Pierce, Jr., guilty of indecent liberties with a child (Ill.Rev.Stat.1971, ch. 38, par. 11--4(a)(3)), and he was sentenced to imprisonment for not less than 4 nor more than 15 years. The appellate court affirmed (26 Ill.App.3d 550, 325 N.E.2d 758), and we granted leave to appeal.
In the appellate court the defendant raised issues involving identification procedures, the admissibility of evidence of flight, the State's attorney's closing argument, the instructions to the jury and the sufficiency of the evidence to establish guilt beyond a reasonable doubt. None of these issues is pursued in this court. The defendant also urged in the appellate court that his conviction should be reversed because a statutory requirement that he be examined before trial by two psychiatrists was not complied with. (Ill.Rev.Stat.1971, ch. 23, pars. 2401, 2402.) This issue was raised for the first time in the defendant's reply brief in the appellate court. It is the only issue presented in this court.
The statute upon which the defendant relies was enacted in 1957. Its title was 'An Act to provide for trial in a court of record and for a psychiatric examination of persons charged with sexual crimes against children.' (Laws of 1957, at 2568.) Its title and its text have been amended from time to time to meet changes in the structure of the State's judicial system. Its key sections now provide:
'Sec. 1. In all cases in which a person of the age of 17 years and upwards is charged with any violation of a statute or ordinance, the basis of the charge being a sexual crime against a child under the age of 13 years, the trial of such charge shall be in a circuit court.
Sec. 2. The judge of the court in which an indictment or information under Section 1 of this Act is tried shall, before trial, require a psychiatric examination of the person charged. The examination shall be by two psychiatrists appointed by the court, who shall make a personal examination of the person charged and shall file with the court a report in writing of the result of their examination, a copy of which shall be delivered to the person charged.' Ill.Rev.Stat.1973, ch. 23, pars. 2401, 2402.
Two similar sections are contained in 'An Act in relation to sexually dangerous persons, and providing for their commitment, detention, and supervision.' (Ill.Rev.Stat.1973, ch. 38, par. 105--1.01 Et seq.) But in that civil commitment scheme, as the appellate court has pointed out, the psychiatric examinations are conducted to determine the status of the defendant as a sexually dangerous person. (People v. Newbern (1974), 18 Ill.App.3d 532, 538--39, 310 N.E.2d 42; People v. Mahoney (1974), 18 Ill.App.3d 518, 310 N.E.2d 36.) No...
To continue reading
Request your trial
-
People v. Boyd
...evidence of defendant's flight from Chicago to Florida. (People v. Pierce (1975), 26 Ill.App.3d 550, 325 N.E.2d 758 aff'd (1976), 62 Ill.2d 223, 341 N.E.2d 705.) While defendant testified he went to Florida to "straighten things out," both Rochowicz and Griffith testified he told them he we......
-
People v. Murphy
...since he was charged with indecent liberties with a child. (Subsequent to these proceedings, this court held in People v. Pierce (1976), 62 Ill.2d 223, 225, 341 N.E.2d 705, and the statute was amended to provide (Ill.Rev.Stat.1977, ch. 23, par. 2402), that such an examination need be given ......
-
People v. Mayfield
...of guilt to be considered along with the other evidence. (People v. Pierce (1975), 26 Ill.App.3d 550, 325 N.E.2d 758, Aff'd (1972), 62 Ill.2d 223, 341 N.E.2d 705.) Defendants argue that the failure of the State to call Brian Ridley to the stand contributed to creation of a reasonable doubt ......
-
People v. Kuesis
...the trial court." People v. Meeks (1980), 81 Ill.2d 524, 533, 44 Ill.Dec. 103, 411 N.E.2d 9. To the same effect is People v. Pierce (1976), 62 Ill.2d 223, 224, 341 N.E.2d 705, wherein it was held that, although a statute provides that where a person is charged with a sexual crime against a ......