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People v. Cole

JULY 29, 1968.

PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

ROBERT

v.

COLE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Saline County, First Judicial Circuit; the Hon. HARRY L. McCABE and the Hon. JACK C. MORRIS, Judges, presiding. Reversed and remanded with directions.

MORAN, J.

Defendant appeals from a jury verdict finding him guilty of resisting a peace officer (§ 31-1, c 38, Ill Rev Stats 1965) for which a judgment and sentence of one year in the Illinois State Penal Farm and a fine of Five Hundred Dollars ($500) and costs were entered.

A complaint for resisting arrest was filed with the State's Attorney of Saline County in February of 1967 against the defendant by a Harrisburg City Policeman. Complainant alleged that he arrested defendant at the Amvets Club on the afternoon of February 10, 1967, for intoxication after receiving a call for aid from the proprietors of the club. Defendant Cole was driven by the arresting officer to the police station where the car was parked at the rear of the station and both defendant and the officer alighted from the car from opposite sides. The two walked to the rear of the car whereupon defendant Cole struck and hit the officer in the face. After a struggle, complainant, with the help of a second peace officer, was able to subdue defendant and confine him in a jail cell.

On February 14, 1967, the complaint was filed and that same day defendant was arraigned and entered his plea of not guilty. A pretrial hearing was held on April 5, 1967, in the Circuit Court of Saline County at which the following discourse transpired:

COURT: "You are here for a pretrial not a trial, do you have an attorney?"

A. "No I am not able to hire an attorney."

COURT: "What does the State recommend on this case?"

Assistant State's Attorney: "The State is going to recommend that he go to Vandalia."

COURT: "Do you have a job?"

A. "B & W Water Works."

Q. "How much do you make?"

A. "$2.53 an hour."

COURT: "We can't appoint an attorney for you making that much an hour."

A. "I have been off on this leg for five weeks making $42 a week insurance. I might be off a couple more weeks. At this time I have got to have an attorney. I can't make it by myself. I went to ____ and he said I would have to have one hundred dollars ($100) and I don't have one hundred dollars ($100). I tried to get an attorney. I am not working now, I can't work with this leg. I make $2.53 an hour when I am working, I am making $42 a ...


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