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.

People v. Warr

OPINION FILED JUNE 25, 1973.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

DAID WARR, APPELLANT. — THE PEOPLE EX REL. EUGENE HENRY FINCH, APPELLANT,

v.

RICHARD ENGLISH, WARDEN, APPELLEE. — THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

EUGENE HENRY FINCH, APPELLANT. — THE PEOPLE EX REL., THOMAS JOHNSON, APPELLANT,

v.

SHERIFF OF COOK COUNTY ET AL., APPELLEES.



No. 43127. — APPEAL from the Circuit Court of Cook County; the Hon. JOSEPH A. POWER, Judge, presiding.

No. 44212. — APPEAL from the Circuit Court of Cook County; the Hon. JOSEPH A. POWER, Judge, presiding.

No. 44493. — APPEAL from the Circuit Court of Cook County; the Hon. JOSEPH A. POWER, Judge, presiding.

No. 45183. — APPEAL from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County; the Hon. ROBERT J. DOWNING, Judge, presiding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

GERALD W. GETTY, Public Defender, of Chicago (JOHN T. MORAN, JR., and JAMES J. DOHERTY, Assistant Public Defenders, of counsel), for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago (JAMES B. ZAGEL, Assistant Attorney General, and ROBERT A. NOVELLE and JAMES E. STERNIK, Assistant State's Attorneys, of counsel), for appellee.

JAMES J. DOHERTY, Public Defender, of Chicago (JOHN T. MORAN, JR., of counsel), for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and BERNARD CAREY, State's Attorney, of Chicago (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and WILLIAM K. HEDRICK, Assistant State's Attorneys, of counsel), for the People.

JAMES J. DOHERTY, Public Defender, of Chicago (JAMES N. GRAMENOS, of counsel), for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and BERNARD CAREY, State's Attorney, of Chicago (ELMER C. KISSANE, of counsel), for appellee.

These cases, together with People v. Davis (1973), 54 Ill.2d 494, involve collateral attacks on misdemeanor convictions. Each case was dismissed because the right remedy had not been invoked. The issue in each case, therefore, is not whether the constitutional rights of the defendant were violated, but whether the defendant is entitled to an opportunity to show that they were. Because that question must be answered affirmatively, we reverse.

David Warr was arrested in possession of a stolen automobile on July 15, 1969. The police charged him with theft of property exceeding $150 in value, a felony, and with criminal trespass to a vehicle, a misdemeanor. (Ill. Rev. Stat. 1969, ch. 38, pars. 16-1, 21-2.) He was arraigned the following day. He pleaded not guilty to the misdemeanor charge, and waived his right to a jury trial on that charge. He was found guilty and sentenced to one year in the House of Corrections. The felony charge was nolle prossed. Although a court reporter was present, no request was made for a transcript of the proceedings at his trial.

On October 31, 1969, Warr filed a pro se pleading entitled "Post conviction appeal and petitioner [sic] for writ of habeas corpus". On November 13, 1969, the circuit court of Cook County dismissed the pleading, which suffered from the usual defects of such papers. Charitably read, it alleged violations of various constitutional rights.

Eugene Finch was arrested on April 17, 1970, on charges of aggravated assault, unlawful possession of firearms, and unlawful use of a weapon. (Ill. Rev. Stat. 1969, ch. 38, pars. 12-2, 24-3.1, and 24-1.) On June 18, he went to trial on the last charge. He pleaded not guilty and waived a jury trial on that charge. He was found guilty and ...


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.