Appeal from the Circuit Court of Du Page County, Eighteenth
Judicial Circuit; the Hon. WILLIAM L. GUILD, Judge, presiding.
MR. JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT.
The accused, defendant Donald Anderson, was indicted for the offense of armed robbery, was tried, and found guilty by a jury verdict, upon which judgment was entered, sentencing him to serve not less than ten nor more than twenty years in the penitentiary. The issue upon appeal is whether the People proved beyond a reasonable doubt that the defendant was criminally responsible for his conduct at the time of the commission of the offense.
The evidence proved beyond a reasonable doubt that on November 13, 1965, the defendant, with gun in hand, robbed the Abbott Liquor Store, 4936 Main Street, Downers Grove, Du Page County, of currency and cash approximating $750, by taking this sum from the person of James Uhler, owner and operator thereof. He first entered the store shortly after 8:00 p.m., took a bottle of Coke from the cooler, and walked to the front of the store with it. At that time, Mr. Uhler, William Gurican, an employee, and certain customers were in the store.
The defendant told Mr. Uhler that he had no money, left the Coke bottle on the store counter and went outside, ostensibly to get money from his wife. In about ten or fifteen minutes he returned, took a quart of beer from the cooler, placed the bottle on the check-out counter, and looked at other merchandise until the remaining customers left the store, and the employee entered the walk-in cooler at the rear of the store. He then, at gunpoint, demanded and received the money in question from Mr. Uhler, who was then operating the cash register and check-out counter. The defendant was adequately identified by Mr. Uhler and his employee, and by the fingerprints upon the beer bottle. About six weeks later he was apprehended in California and returned to Du Page County.
On April 5, 1966, there was a finding that the defendant was incompetent to stand trial and he was delivered to the Department of Mental Health of the State. On October 1, 1966, he received an absolute discharge and was returned to Du Page County. After further examinations by psychiatrists, he was brought to trial on March 13, 1967.
The defendant called two psychiatrists Doctors Werner Tuteur and August Stiller as witnesses. Doctor Tuteur examined the defendant on February 27, 1966, and on February 21, 1967. Doctor Stiller examined him on March 26, 1966. Neither made psychological tests, but rather, interviewed the defendant to get his history; and observed his demeanor, character and personality traits during the interview.
It was the opinion of Doctor Tuteur that the defendant was mentally ill on February 27, 1966; that the mental illness affected his capacity to appreciate the criminality of his conduct and to conform it to the requirements of the law. He was also of the opinion that this condition might, or could have, existed on November 13, 1965.
Doctor Tuteur gave the defendant an electroencephalogram test, which ruled out any organic brain damage. After the examination of February 21, 1967, Doctor Tuteur was of the opinion that the defendant had a schizophrenic reaction, chronic indifferentiated type, superimposed on a condition of mental deficiency.
Doctor Stiller was of the opinion that the defendant on March 26, 1966, was a schizophrenic with psychiatric tendencies, superimposed on his marginal endowment; and that the schizophrenia probably existed at the time of the robbery on November 13, 1965. It was also his opinion that the defendant was a follower, and that on each of said dates he could not appreciate the criminality of his conduct and was unable to conform it to the requirements of the law.
On cross-examination, both psychiatrists stated that they did not verify the history of conduct related by the defendant, but that they believed he was telling the truth.
Caroline Lytton, who had taught educable mentally handicapped children, testified that the defendant had been in her class in 1949, 1950 and 1951, and that he had difficulty in getting along with his peers.
In rebuttal of this testimony, the People called Doctors Donovan George Wright and John Hannai, and Captain Herbert Mertes of the Du Page County Sheriff's office. It was the opinion of Doctor Wright that the defendant was not insane but was suffering from a severe character disturbance, and from a moderate to severe impairment of intelligence. He stated that the defendant was clearly in the dull normal range of intelligence, but that he was not mentally defective.
Doctor Hannai was of the opinion that the defendant suffered from a personality disorder and had a learning problem. On cross-examination, he stated that it was his opinion that these conditions probably would not impair the defendant's capacity to appreciate the criminality of his action, but might impair, to some extent, his capacity to manage his behavior and conform it to his understanding.
Both Doctors Wright and Hannai testified that the defendant admitted to them that he had exaggerated and fabricated in his prior interviews to suit his purpose, because he wanted to go to the hospital rather than back to jail. Doctors Wright and Hannai had the benefit of the reports of Doctors Tuteur and Stiller when they made their examinations of the defendant. Also, Doctor ...