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People v. Dennison

AUGUST 9, 1973.

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

v.

JAMES L. DENNISON, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Livingston County; the Hon. STEPHEN ADSIT, Judge, presiding. MR. JUSTICE TRAPP DELIVERED THE OPINION OF THE COURT:

The State appeals from an order of the trial court suppressing the confession and admissions made by defendant.

The information filed charges of murder and involuntary manslaughter occurring on August 25, 1970. On August 26th, the defendant was in custody at the county jail where he was interrogated by the State's Attorney in the presence of the sheriff and a reporter.

Following a partial statement of the Miranda rights, we note:

"Q. Do you want to explain to me what happened last night?

A. I would rather not talk about it right now.

Q. If you like, you can stop at any time and refuse to answer any further questions. You have a right to request that a lawyer be contacted if you want a lawyer. Would you want to talk about this at least partly?

A. I would rather not.

Q. Is there anything at all you would like to say at this time?

A. No.

Q. Do you want to talk to a lawyer, sir?

A. No. What am I charged for?

Q. Involuntary manslaughter. This is one of the reasons — I want to find out what happened. It is pretty hard for me as State's Attorney to charge you with anything until I find out what happened last night.

A. I don't want to talk about it. I am scared they ...


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