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People v. De Mario

JUNE 25, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

PAUL DE MARIO, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. HERBERT C. PASCHEN, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSES CHARGED

Robbery and murder. *fn1

JUDGMENT

After a jury trial, defendant was found guilty of both offenses and was given concurrent sentences of 15 to 30 years for murder and 10 to 20 years for robbery.

POINTS RAISED ON APPEAL

(1) The State failed to prove the corpus delicti.

(2) Defendant was convicted through the use of inadmissible hearsay.

(3) Defendant was not proven guilty beyond a reasonable doubt.

(4) The court erred in admitting prejudicial and irrelevant testimony relating to the identification of a coindictee.

(5) The court erred in refusing to allow an instruction on reputation.

EVIDENCE

James W. Henry, for the State

He is a physician, a specialist in pathology, who performed the autopsy on John A. Baird. He found extensive areas of contusion, over both cheekbones, the jaw, both front and back of the neck, the upper chest, the backs of both hands, and the right wrist. The brain was swollen, with areas of hemorrhage on both sides, evidencing concussion. In his opinion, the immediate cause of death was aspiration pneumonia, with the underlying cause being trauma from the application of force. While a fall could result in injuries of this type, the distribution of the injuries could not substantiate a fall as the cause. The brain hemorrhages did not result from natural causes such as a stroke.

Philip Montalbano, for the State

He was a police officer who was called to 2856 N. Campbell about 5:40 p.m. on August 15, 1965. He went to the apartment of the caretaker, Mr. Baird. Baird, a small man about 5' 5" tall, was lying on the cot. His face had bruise marks and blood, some congealed and some still bleeding under his eye. The witness tried to question Baird, but Baird was unable to give answers, only nodding his head, so he ordered a squadrol and had him taken to the hospital. The witness talked to a Mr. Cook at the apartment, and then looked for money in the dresser drawer but found none.

Edward Curtis, for the State

He was a homicide detective on August 15, 1965, when, after a conversation with Baird who was then in the hospital, he went with the owner of the building, Mr. Grant, to Baird's apartment at about 9:00 p.m. The dresser drawers were all pulled open and objects were lying on the floor. A large amount of blood was on the bed's blanket and pillow. In the folds of the blanket, he found an eyeglass lens covered with blood. He also found a pair of glasses, bent and bloody, with one lens missing.

On August 25 he arrested Guy Ramirez *fn2 ...


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