APPEAL from the Circuit Court of Sangamon County; the Hon.
GEORGE P. COUTRAKON, Judge, presiding.
MR. JUSTICE SIMKINS DELIVERED THE OPINION OF THE COURT:
Defendant-appellant Joseph Wright was charged in a case docketed in the circuit court of Sangamon County under number 45-72 with resisting arrest, fleeing a police officer, driving without a driver's license, and failing to have a driver's license. He was tried before a jury, convicted of all charges and the appeal from those convictions pends in this court under our general number 11867. The jury's verdict was returned on March 25, 1972. One Pearl Meyer served as a member of the jury, and one Daryle Williamson appeared as a witness for the People.
On March 28, 1972, the State filed a "Motion to Show Cause" in case 45-72. The motion recited the return of the verdict on March 25, 1972, and the fact that Daryle Williamson had testified in the case as a witness for the People, and that Pearl Meyer had served on the jury. The motion further recited:
"That on March 26, 1972, Joseph Wright with the intent to harass or annoy Pearl Meyer communicated directly with Pearl Meyer in that on said date at the Holiday Inn East at about 1:50 a.m., he said to Pearl Meyer in the Coffee Shop of said motel this, or this in substance:
`I thank you from the bottom of my heart and I'm going to get even with you'
said communication intended to produce mental anguish or emotional distress to said Pearl Meyer, who had served as a juror and participated as a juror in reaching the verdict in the proceedings known as Sangamon County Circuit Court No. 45-72."
The motion further recited that:
"Joseph Wright, with the intent to harass or annoy Daryle Williamson, a witness for the People in Sangamon County Circuit Court No. 45-72, communicated directly with Daryle Williamson at the Holiday Inn East on March 26, 1972, at about 1:50 a.m., in that he said this, or this in substance:
`You white [expletive deleted], you are a bastard and you caused me to be convicted of four counts and I am going to get you and get your wife and get your kids * * *'
and that such communication produced mental anguish and emotional distress in Daryle Williamson, and was made to Daryle Williamson because of his testimony on behalf of the People in the legal proceedings in the Sangamon County Circuit known as case No. 45-72."
"That said threats and conduct by Joseph Wright as stated above showed utter disrespect for the peace and dignity of this court and tended to hinder and obstruct the orderly administration of justice.
WHEREFORE, the People move that defendant Joseph Wright be ordered to show cause why he should not be held in contempt of this honorable court."
On March 27, 1972, in a case bearing Sangamon Circuit Court case no. 72-S-2-76, a two-count complaint was filed against defendant Wright charging that on March 26, 1972, he violated the provisions of section 32-4(a) of the Criminal ...