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People v. Schehr

AUGUST 18, 1967.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ROBERT S. SCHEHR, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County, First Municipal District; the Hon. JOHN OUSKA, Judge, presiding. Affirmed.

MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CHARGE

(1) Disorderly conduct. *fn1

(2) Resisting a Peace Officer. *fn2

DEFENSE AT TRIAL

Defendant did not commit the acts upon which the charges were based.

JUDGMENT

After a bench trial, the court found defendant guilty of both crimes and imposed a fine of $50 for each offense.

POINTS RAISED ON APPEAL

Defendant was not proven guilty beyond a reasonable doubt.

EVIDENCE

Testimony of Witnesses for the State

Leonard Sykes, a Chicago police officer, testified that at about 12:00 noon, on May 27, 1965, he was in the vicinity of the building at 1212 North Lake Shore Drive, Chicago (within which hearings were being held by the UnAmerican Activities Committee of the United States House of Representatives) and that he saw defendant, in a group of other persons, walk down the sidewalk beside the building. Defendant then jumped a barricade and, after unsuccessfully attempting to pass through police lines formed in front of the door, sat down with other persons before the entrance. When first requested to leave the property and then warned that a failure to do so would cause their arrest, defendant and the others said nothing, but linked their arms and remained sitting. Defendant was placed under arrest, disengaged from his companions, and then, because he refused to walk, had to be bodily carried to a police van.

On cross-examination, Officer Sykes testified that he had no written report other than a police arrest slip, and that he was testifying from recollection as to events ...


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