Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

The People v. Mirmelli

SEPTEMBER 23, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

EDWARD J. MIRMELLI, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. EDWARD F. HEALY, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Abortion. Ill Rev Stats 1963, c 38, § 23-1.

JUDGMENT

After a jury trial, defendant was found guilty and sentenced to a term of 1 to 5 years.

CONTENTIONS RAISED ON APPEAL

1. Defendant was deprived of a fair trial for the following reasons:

(a) He was prejudiced by the State's Attorney's reference in the State's opening statement to defendant's alleged confession, and by other improper conduct of the State's Attorney;

(b) He was prejudiced because six jurors read a newspaper article relating to defendant's alleged confession;

(c) Improper reference was made to a large sum of money in defendant's possession at the time of his arrest;

(d) A physician improperly testified that, in his opinion, an abortion had been performed;

(e) The State attempted to explain the absence of a crucial witness;

(f) The State improperly advised the jury of separate indictments pending against defendant.

2. Defendant was prejudiced by the improper admission into evidence, and submission to the jury during deliberation, of certain medical instruments.

3. The jury was erroneously instructed with respect to defendant's credibility as a witness.

Although defendant has not questioned the sufficiency of the evidence, we believe that a summary of the facts is necessary to understand defendant's contentions. A hearing was held on defendant's motion to suppress confessions and statements, which testimony will not be summarized, but ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.