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People v. Grey

AUGUST 17, 1973.

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

v.

JOHN GREY ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN J. CROWLEY, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

OFFENSES CHARGED

Aggravated assault. *fn1 (Ill. Rev. Stat. 1971, ch. 38, par. 12-2(a)(1).) (Andrews and Grey.) Criminal damage to property. (Ill. Rev. Stat. 1971, ch. 38, par. 21-1 (a).) (Grey.)

JUDGMENT

After a trial without a jury, defendant Grey was found guilty of both charges and admitted to one year's probation, with the first four months to be spent in the city jail. Defendant Andrews was also found guilty and was sentenced to one year in the Illinois State Farm. *fn2

CONTENTIONS RAISED ON APPEAL

1. The complaint charging defendant Grey with aggravated assault was fatally defective.

2. Defendant Grey was not proved guilty beyond a reasonable doubt of either charge.

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

EVIDENCE

Edward Novak, Jr., for the State:

He lived at 2218 N. Sawyer in Chicago. At about 10:30 P.M., on July 11, 1972, he went to the front porch of his home. David McGath and John Grey were there. The witness told McGath he didn't want any trouble and told McGath to go back across the street. He went back into the house and then saw McGath break the front window. He ran out to the porch and saw McGath breaking more windows with a sawed-off cue stick, and saw Grey about five feet away on the stairway. He pulled McGath away and Grey came toward him with a baseball bat. He pulled both of them down but ran back inside when three other people came from across the street. Then he heard someone kicking in the two front doors. The door flew open and McGath fired a shot from a hand gun which went over the witness' left shoulder. He kicked the door shut and then saw an arm come through the window and fire a shot at his mother. He grabbed a knife from the kitchen, ran to the front porch, and saw a policeman standing there. He had seen McGath and Grey four or five times prior to the incident. He told the police Grey had been involved.

Josephine Novak, for the State:

On July 11, 1972, at approximately 10:30 P.M., she heard voices on her front porch, went outside, and saw McGath and Mrs. Andrews exchanging words with her son. She asked them to drop the baseball bats and go back across the street, and told them she was going inside to call the police. She got as far as the kitchen, heard windows breaking, and then saw McGath kick the door open and fire a shot toward the interior of the house. Then she saw Bernard Andrews' arm come through the window. He was holding a gun and fired a shot at her. She had seen Andrews at least 20 times before. After the shot was fired, she fainted. She did not see Grey on the front porch but saw him running ...


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