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People v. Russo

DECEMBER 2, 1970.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JOHN RUSSO ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES D. CROSSON, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSE CHARGED

Keeping a gambling place. Ill. Rev. Stat. 1965, ch. 38, par. 28-3.

JUDGMENT

After a bench trial, the three defendants were found guilty. Russo was fined $450, Foster $350, and Been $250.

CONTENTIONS RAISED ON APPEAL

1. The defendants were not proven guilty beyond a reasonable doubt.

2. The defendants were prejudiced by the improper admission into evidence of six photographs.

3. Michael Been was improperly denied a hearing into the voluntariness of his statements to the police.

EVIDENCE

John Tobin, for the State:

He is a police officer with the vice control division. At approximately 2:00 P.M. on May 19, 1967, he, along with Sergeant Shaughnesy and Officers Riggio and Kelly, went to a bungalow at 1052 Diversey Parkway with a search warrant for the first floor of the house. *fn1

After knocking and announcing his office, he forced the front door and saw Mrs. Been and another woman in the parlor. In the kitchen he saw a wall telephone with a line leading out the kitchen window. He went out to the side of the house and traced the line from the kitchen window into a basement window.

Entering the basement through the rear door, he followed the line from the window to a room in the front of the basement. He knocked on the door to this room and again announced his office and that he had a search warrant. When no one responded, he tried unsuccessfully to force the door with a sledge hammer. Shortly, ...


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