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Peo. Ex Rel. Ill. State Dental Soc. v. Taylor

FEBRUARY 23, 1971.

THE PEOPLE EX REL. ILLINOIS STATE DENTAL SOCIETY ET AL., PLAINTIFFS-APPELLEES,

v.

VAL TAYLOR D/B/A BOULEVARD DENTAL LABORATORY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN L. LUPE, Judge, presiding.

MR. JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:

Rehearing denied March 19, 1971.

Defendant was found guilty of contempt of court. He was sentenced to six months in jail, fined $300.00 and assessed $1600.00 in costs. Defendant appeals and presents the following contentions:

1. The trial court deprived defendant of his constitutional right to a jury trial.

2. Defendant was entrapped into committing the acts found to be contemptible.

3. Defendant was not proved guilty beyond a reasonable doubt.

On August 1, 1962, a decree was entered permanently enjoining defendant from practicing dentistry. Among the prohibited activities were:

Offering directly to the user or prospective user thereof, by advertisements contained on business cards distributed or made available to the public, or by any other media, to furnish, supply, construct, reproduce, reline or repair prosthetic dentures (sometimes known as "plates"), bridges or other substitutes for natural teeth;

Furnishing, supplying, constructing, reproducing or repairing, or offering to furnish, supply, construct, reproduce or repair prosthetic dentures (sometimes known as "plates"), bridges, or other substitutes for natural teeth to the user or prospective user thereof;

Practicing dentistry under the name of a company, corporation, association or trade name.

On February 9, 1966, defendant was found guilty of contempt of court for violating the injunction and fined $1,000.00. Three years later, on April 24, 1969, an order was entered to show cause why defendant should not be again adjudged guilty of contempt of court for violating the terms and provisions of the injunction. Hearings were commenced on May 29, 1969.

Leroy C. Bell, an investigator, testified that he went to Boulevard Dental Laboratory on September 12, 1968, and requested defendant to make an upper dental plate for him; that defendant agreed to do so for the sum of $100.00; that he returned to the Laboratory on three separate occasions during which time defendant took impressions and fitted an upper plate; and that he subsequently returned to the Laboratory to have further adjustments made. He further testified that he introduced one Ellsworth Bound to defendant; that defendant agreed to make an upper dental plate for Bound for $100.00; and that he accompanied Bound to the Laboratory on three separate occasions during which time defendant took impressions and fitted an upper plate for Bound. On cross-examination, he testified that he wore an old pair of trousers and a jacket and was not dressed as he is now, as a professional man; that he doesn't recall defendant saying that defendant didn't make plates for the public; and that he never told defendant, "I can't eat. I make very little money as a carhop. I am losing weight. I am sick. No one wants to work on colored people. Will you help me?"

Ellsworth Bound, an investigator, testified that he first met defendant on February 15, 1969, when, accompanied by Bell, he went to Boulevard Dental Laboratory to have an upper dental plate made; that defendant agreed to make the plate for $100.00; and that he subsequently returned to the Laboratory on two other occasions accompanied by Bell during which time defendant took impressions and fitted him with an upper plate. On cross-examination, he testified that he wore a blue suit and sportshirt with no tie to the Laboratory; that he does not recall Bell telling defendant, "Here is a friend of mine, Mr. Bound. He is not working. He hasn't any money. He is living off his wife's salary. He is going to lose his health, he can't eat"; and that he never mentioned anything to defendant about race, creed or color.

Defendant testified that he first saw Bell on September 12, 1970, when Bell came to the Laboratory and asked his wife if he would make an upper plate; that his wife said that he did not make plates for the public; and that Bell returned a week later and again inquired about the possibility of having a denture made stating that he, Bell, was just a carhop and couldn't afford a dentist. He further testified that Bell asked whether the refusal to make the plate was based on the fact ...


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