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People v. Wesselmann

DECEMBER 8, 1966.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JACK L. WESSELMANN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JOHN F. REYNOLDS, Judge, presiding. Judgment of conviction affirmed. MR. JUSTICE MCCORMICK DELIVERED THE OPINION OF THE COURT.

CHARGE: Drag racing. *fn1

DEFENSE AT TRIAL: General denial of guilt.

JUDGMENT: After a bench trial before a magistrate the court found the defendant guilty, fined him $45.00, and placed him on probation for six months.

POINTS RAISED ON APPEAL: The charge was not proved beyond a reasonable doubt.

EVIDENCE: Testimony of State witness.

Raymond Giovannelli, a police officer of the Village of Niles, testified that on February 5, 1966, at about 12:30 a.m., he was in the vicinity of Milwaukee Avenue and Waukegan Road, going north on Milwaukee. *fn2 A verbatim account of the officer's testimony follows:

Witness: I was proceeding north on Milwaukee and I observed a Plymouth operated by Mr. Wesselmann in the inside northbound lane of Milwaukee Avenue. This Plymouth operated by Mr. Anderson was in the outside lane of Milwaukee Avenue northbound. Mr. Wesselmann passed him at a speed of approximately 45 miles per hour.

Q. What is the speed limit at that location?

A. 40 miles per hour.

Q. After he passed Anderson, what did you observe further?

A. I observed Mr. Anderson increase the speed of his automobile to catch up to Mr. Wesselmann. At this time they were abreast and they both slowed to a speed of 30 to 35 miles per hour.

Q. Side by side on Milwaukee Avenue?

A. Yes, sir.

Q. What did you observe further, if you recall?

A. Once they were abreast, remaining abreast, they both increased their speed to approximately 45 miles per hour and stayed abreast and then they approached a red light at ...


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