People v. White
| Decision Date | 21 June 1968 |
| Docket Number | No. 39719,39719 |
| Parties | The PEOPLE of the State of Illinois, Appellee, v. Anita WHITE, Appellant. |
| Court | Illinois Supreme Court |
Wendell P. Marbly and Thad B. Eubanks, Chicago, for appellant.
William G. Clark, Atty. Gen., Springfield, and John J. Stamos, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and Elmer C. Kissane and James B. Zagel, Asst. State's Attys., of counsel), for appellee.
Anita White was convicted of the misdemeanor of theft of property not from the person and not exceeding $150 in value in a trial before a magistrate of the circuit court of Cook County. Defendanths application for probation was granted and she was released to a probation officer for one year on condition that she serve the first 30 days in jail. A constitutional question gives us jurisdiction.
There was no reporter present during the trial of the defendant, so no transcript of the evidence is available. There has been furnished a narrative report of proceedings under Rule 323(c), Ill.Rev.Stat.1967, c. 110A, § 323(c), from which the following facts appear.
Mrs. Idelle Broday shared a room in a nursing home with Mrs. Mickey Kallick. She was robbed of a ring which was taken from her with sufficient force to lacerate her finger. The defendant, who was employed as a nurse's aid in the nursing home the night the ring was taken, was accused of the crime. Mrs. Broday was incompetent to testify and there are grave doubts as to the competency of Mrs. Kallick, the only alleged eyewitness. The complaint was signed by Mrs. Broday's son, apparently on the word of a Mrs. Van Kirk, the head nurse at the home.
Because of the condition of Mrs. Kallick (whose doctors would not permit her to be moved) a portion of the trial was held at the nursing home. Mrs. Van Kirk testified that the eyewitness could not speak but her hearing was normal. The only way she could communicate was to raise her right knee if her answer was 'yes' and to remain still if the answer was 'no'. The trial judge, after extensive examination, stated he thought her competent and she then testified by communicating her answers through the raising of a knee or failure to do so. Her testimony was that she was the roommate of the victim, that she had known the defendant for some time and she identified the defendant as the person who came into their room late at night and removed the ring. Aside from a daughter-in-law of the victim who described the ring and stated that it...
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People v. Jones, 62883
...but rather that cross-examination was precluded by the witness' inability to respond to any further inquiry. (See People v. White (1968), 40 Ill.2d 137, 238 N.E.2d 389 (complaining witness could communicate only by moving one of her knees; right of cross-examination held to have been violat......
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People v. Spencer
... ... White (1968), 40 Ill.2d 137, 238 N.E.2d 389, wherein the sole witness to a theft was a nursing home patient who could hear but could not speak. In reversing the defendant's conviction, which was based solely on her testimony, the court noted that there were "grave doubts" as to the witness's competency ... ...
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People v. Trujillo, 76-086
...Quinn v. Halbert, 55 Vt. 224 (1882), and a witness who could only communicate by lifting her knee to indicate assent. People v. White, 40 Ill.2d 137, 238 N.E.2d 389 (1968). In contrast, in the instant case, the complaining witness could speak and the defendant acknowledges that his counsel ......
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§ 18.04 Ability to Communicate
...A Dynavox computer synthesizes speech for its users; it allows the user to "speak" the phrase or word indicated.[21] See People v. White, 238 N.E.2d 389, 390 (Ill. 1968) (a partially paralyzed and bed-ridden person could communicate only by raising the right knee to answer affirmatively and......
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§ 18.04 ABILITY TO COMMUNICATE
...A Dynavox computer synthesizes speech for its users; it allows the user to "speak" the phrase or word indicated.[21] See People v. White, 238 N.E.2d 389, 390 (Ill. 1968) (a partially paralyzed and bed-ridden person could communicate only by raising the right knee to answer affirmatively and......