People v. Reid

• Decision Date: 17 February 1925
• Docket Number: No. 16426.,16426.
• Citation: 146 N.E. 504,315 Ill. 597
• Parties: PEOPLE v. REID.
• Court: Illinois Supreme Court

315 Ill. 597

146 N.E. 504

PEOPLE

v.REID.

No. 16426.

Supreme Court of Illinois.

Feb. 17, 1925.

Error to Circuit Court, Kendall County; William J. Fulton, Judge.

Charles Reid was convicted of larceny and brings error.

Reversed and remanded.

N. J. Aldrich, of Aurora, and D. C. Mewhirter, of Yorkville (Theodore Worcester, of Aurora, of counsel), for plaintiff in error.

Edward J. Brundage, Atty. Gen., Richard O. Leitch, State's Atty., of Plano, Virgil S. Blanding and Albert D. Rodenberg, both of Springfield, and Harvey Gunsul, of Aurora (Olney C. Allen, of Aurora, of counsel), for the People.

DUNN, J.

Charles Reid was convicted of larceny and has sued out a writ of error.

On the night of July 23, 1923, the store of Biesemeier & Hettrick, in the village of Oswego, was broken into through the back door opening upon an alley and some sugar, canned goods, meat, butter, and cheese were stolen. The burglary was discovered on the opening of the store the next morning. The sheriff was notified at Yorkville, the county seat, and came to Oswego about 7:30 o'clock. A deputy sheriff named Devereaux and the state's attorney also came later, as well as a detective from Chicago named Jeske. On the cement sidewalk in the alley at the back of the store were tracks of an automobile having Goodyear Diamond-tread tires in front and Goodrich Silvertown tires behind. The tracks led through an alley to the street and then south toward Reid's house and were lost about a half block south of where they turned. Reid's automobile was at his house and had Goodyear Diamond-tread tires in front and Goodrich Silvertown tires behind. The officers returned to Yorkville in the afternoon and procured a police magistrate to issue the following search warrant, addressed to the sheriff:

‘Complaint having been made by Robert Jeske that stolen goods are held on premises of Charles Read within certain premises or buildings in Oswego owned by Charles Read, we command you to enter said premises and make diligent and careful search for property hereinabove described and seize and bring any and all there found, and all property kept or used for the purpose of violating, or with which to violate, any law of this state, there found, and all persons in whose possession they are found, before me at my office in Yorkville.

‘Dated July 23, A. D. 1923.

‘F. R. Skinner, Police Magistrate.’

A warrant was also issued for the arrest of Reid on a charge of burglarly and larceny, and the next morning, July 25, the sheriff, with both warrants in his possession, went to Reid's house, at Oswego. Devereaux and Jeske were with the sheriff, and they found Reid at work in his garage and general repair shop across the street from his house. The warrants were served on him, he was arrested, and his shop, as well as his dwelling house, barn, and a shed, was searched. When he was served the sheriff testified that he said: ‘I am innocent; help yourselves.’ Reid testified that he told them that everything there belonged to him. He was taken to Yorkville, where he remained in jail ten days. His wife was arrested afterward, and while he was in jail the sheriff searched his premises several times, and testifiedthat he was there for three or four days or a week after Reid was put in jail. The search warrant was returned executed ‘by searching the premises of Charles Reid, in Oswego, Oswego township, Kendall county, and confiscating the...