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People v. Feigleson

JANUARY 2, 1975.

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

v.

SCOTT FEIGLESON, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Du Page County; the Hon. GEORGE BOROVIC, Judge, presiding.

MR. JUSTICE HALLETT DELIVERED THE OPINION OF THE COURT:

The defendant, on September 4, 1972, was involved in a two-car accident at the corner of Belden and West Avenues in Elmhurst, in which his car ran into the rear of another, damaging both. He was charged with failing to reduce his speed in order to avoid an accident, in violation of section 11-601 of the Illinois Vehicle Code (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 11-601). On September 20, 1972, he was, on a bench trial, found guilty and fined $10, plus $5 costs.

On October 19, 1972, the defendant filed a document in the trial court worded as follows:

"NOTICE OF APPEAL FOR NEW TRIAL

NOW COMES SCOTT FEIGLESON, Defendant, by and through his attorney, KENNETH MOY, and states to the Court as follows:

1. That the verdict was against the manifest weight of the evidence.

2. This was an accident case in which no direct eye witnesses appeared against the defendant.

3. That Judge Borovic took the evidence of the officer on reconstruction and that the cars were moved.

4. That the attorney for the defendant made proper motion for dismissal at the end of the State's case and then did not proceed any further.

WHEREFORE, your petitioner prays that a new trial be granted the defendant."

On the next day, the above post-trial motion was withdrawn and was refiled, in the same form, on January 24, 1973. On January 25, 1973, an order was entered reciting that notice of defendant's appeal had been filed within 30 days, setting the appeal bond at $30 and extending the time for filing the record in the appellate court to April 4, 1973. On February 15, 1973, the defendant filed another document in the trial court, worded as follows:

"PLEASE TAKE NOTICE that Defendant SCOTT FEIGLESON hereby appeals to the Appellate Court for the Second District of the State of Illinois from the suspension of January 26, 1973, against the Defendant. The Defendant prays that the Appellate Court reverse the Order of the Trial Court and find for the Defendant."

After various extensions, a record was finally filed which included, in lieu of a report of proceedings, an "Agreed Statement of Facts" reflecting, in an extremely skimpy way, the testimony, objections, motions and rulings at the trial.

Although the case has been briefed and submitted without objection to our jurisdiction or any motion to dismiss the appeal, this court cannot ignore the matters above set ...


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