APPEAL from the Circuit Court of Cook County; the Hon. ROBERT
A. MEIER, III, Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Defendant was convicted after a jury trial for the October 8, 1969, sale of morphine sulphate and cocaine hydrochloride, both narcotic drugs, in violation of section 22-3 of the Criminal Code of 1961 (Ill. Rev. Stat. 1969, ch. 38, § 22-3), and after a hearing in aggravation and mitigation was sentenced to two concurrent terms of 10-12 years. He appeals contending that the trial court committed reversible error in admitting highly prejudicial testimony concerning two unindicted narcotic sales; he was denied a fair trial by the State's describing him in its closing argument as a drug dealer who sold narcotics to children and emphasizing the two prior unindicted sales, neither of which was supported by proper evidence in the record; he was denied a fair trial by the trial court's failure to grant a mistrial on motion or, in the alternative, the court's failure to strike certain testimony accompanied by an instruction to disregard the testimony. Defendant also urges that the case should be remanded for sentencing consistent with the new provisions for sentencing.
Richard J. Schlobohm, for the State:
He is a Chicago police officer assigned to the Narcotics Section. On September 17, 1969, while working undercover in street clothes, he met defendant for the first time on the street. After some discussion concerning marijuana, they made arrangements for the witness to obtain some from the defendant at the witness' hotel room room 432 of the Diversey Arms Hotel. Defendant sold him a brown bag which contained a crushed green plant.
On September 18, 1969, defendant again approached him on the street and told him that some good cocaine was available. They met a half hour later at Diversey and Surf streets and he purchased a packet containing some white powder, which was later tested and found not to be cocaine or any other narcotic substance.
On October 8, 1969, he met defendant on the street and complained, "The stuff wasn't too good." Defendant responded, "Come up to my room about seven o'clock at night and we'll take care of business." The witness contacted his partners, detectives Lester Foy, Donald Senese, and Thomas Witchek, who concealed themselves in the hallway near defendant's hotel room in the Rienzi Hotel at 600 West Diversey. The witness then knocked on defendant's door, declaring that "Pete" was there. Defendant opened the door and after discussing the bad batch of cocaine handed him two bags in exchange for fifty dollars saying, "This is real good stuff. Don't worry." Later the bags were turned over to Detective Witchek.
Thomas Witchek, for the State:
He is a Chicago police officer assigned to the Narcotics Section. On October 8, 1969, after a meeting with Schlobohm, the witness, Foy, and Senese, all in plain clothes, went to the Rienzi Hotel and stationed themselves in the sixth floor hallway around the corner from defendant's room. He observed Schlobohm exit from the elevator, knock on the door to Room 621, and a man step out partially into the hallway. Schlobahm said, "I don't want anymore bad stuff," and "if this stuff is bad, I'll be back to see you." Although he didn't have a full view of the man's face, he testified that the man was the defendant. He saw the man hand something to Schlobohm. The witness then joined Schlobohm in the elevator. Schlobohm handed him the two packets received in the exchange. The packets were subsequently determined by the police laboratory to be narcotic substances.
Lester Foy, for the State:
He is a Chicago police officer assigned to the Narcotics Section. On September 18, 1969, after a conversation with Schlobohm, he and Senese proceeded to the intersection of Surf and Clark streets, where he observed Schlobohm meet the defendant on the street corner, and after a brief conversation, Schlobohm handed defendant some money in exchange for a package.
On October 8, 1969, after a conversation with Schlobohm, Witchek, Senese and he proceeded to the Rienzi Hotel and stationed themselves in the sixth floor hallway. He observed Schlobohm approach room 621, knock on the door, and engage the occupant in a conversation lasting several minutes. After the occupant left the building, the witness and Senese knocked on the door to room 621, but no one answered.
Donald Senese, for the State:
He is a Chicago police officer assigned to the Narcotics Section. On September 17, 1969, after conversing with Schlobohm in his Diversey Arms hotel room, he and Officer George Mays, both dressed in plain clothes, went into the hallway for the purpose of secretly observing the door to Schlobohm's room. The witness then observed the defendant walk up to the door with a brown bag in ...