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People v. Chmilenko

AUGUST 10, 1973.

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

v.

MICHAEL CHMILENKO, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. GEORGE A. HIGGINS, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSE CHARGED

Escape. Ill. Rev. Stat. 1969, ch. 38, par. 31-6(c).

JUDGMENT

After a bench trial, defendant was found guilty and was admitted to one year's probation.

CONTENTIONS RAISED ON APPEAL

1. The State failed to prove beyond a reasonable doubt that defendant intended to escape from custody.

2. The trial court erred in refusing to allow testimony about defendant's epileptic seizures.

EVIDENCE

Thomas Kelly, for the State:

On May 30, 1971, he was a Chicago police officer in charge of picking up prisoners at different police stations and taking them to court. He handcuffed defendant to four other prisoners in a line and put them in the police van. He had 32 prisoners total, defendant and 29 [sic] others. They proceeded to the garage area of the 19th District station. The witness saw that defendant was handcuffed to the others at the outside end of the line. The handcuffs were locked. After the prisoners were brought to the door of the lock-up and while they were waiting for the door to be opened, he noticed he was short one fellow. Defendant's handcuff was hanging from another prisoner's wrist. Somehow and in some way, defendant had departed the premises through the squad wagon. He notified the captain that defendant was missing. He did not know exactly when defendant escaped, but he knew about it a minute or two later. Other police officers ran around the building looking for defendant. It was approximately 6:00 A.M. Sunday.

Mary Chmilenko, for defendant:

She was defendant's wife. On Sunday, May 30, 1971, at about 1:30 A.M., she saw her husband on the Weiss Memorial Hospital floor surrounded by policemen. She told the police that her husband was sick and needed medicine if he was going to be taken in. She was told to go home to get the medicine. The medicine was for epilepsy. When she ...


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