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People v. Kapustka

OCTOBER 8, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

EMILY KAPUSTKA, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. RONALD J. CRANE, Judge, presiding. Affirmed. MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Criminal damage to property. Ill Rev Stats (1967), c 38, § 21-1 (a).

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to 10 days in the House of Correction and one year's probation.

POINTS RAISED ON APPEAL

(1) There were numerous trial errors, including: a misstatement of the evidence by the State's Attorney, and the improper introduction of evidence designed to impeach an alibi witness.

(2) The evidence was insufficient to support the decision by the trial court.

(3) Defendant was not accorded a fair and proper hearing in aggravation and mitigation.

EVIDENCE

Mrs. Delores Evers, for the State:

At approximately 10:00 p.m., on July 30, 1967, she took her dog out for a walk, heading toward the back of the yard at her home in Blue Island, Illinois. The dog ran to the back of the lot and witness followed, shining her flashlight. She saw defendant from three feet away, throwing black paint from a can onto the door of the Evers' garage. She had known defendant since 1963 and seen her on more than 10 occasions. When the light shone on defendant, she stopped, and each one looked at the other. Witness asked her, "What the hell are you doing behind my garage?" Defendant then ran down the alley to get away.

Emily Kapustka, on her own behalf:

At 10:00 p.m., on the evening in question, she was in Bangor, Michigan, 125 miles from Chicago, and didn't return to Harvey, Illinois ...


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