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People v. Harper

MAY 9, 1975.

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

v.

ANNIE MAE HARPER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. WAYNE W. OLSON, Judge, presiding.

MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT:

Defendant was found guilty of direct contempt of court for her conduct during proceedings against her husband, Ellis Harper, and was sentenced to serve 90 days in the House of Correction. It is her basic contention on appeal that there is nothing in the record to support either the allegations in the complaint drawn up by the State or the order of the court finding her to be in contempt.

The record of the July 9, 1973, preliminary hearing of Ellis Harper indicates that those proceedings were twice interrupted. The first interruption occurred when a State's witness identified Ellis Harper as the perpetrator of a robbery:

"Q. Well, by him, who do you mean by him? Will you point to the person?

A. Him.

Q. Indicating the defendant [Ellis Harper] for the record.

Miss Harper: That's a lie.

The Court: Quiet."

The second interruption occurred immediately after the conclusion of the direct examination of this witness:

"Q. All this happened in the City of Chicago, County of Cook and State of Illinois?

A. Yes.

The Court: Keep your hand down. Who is that woman waving her hand? Does she have to go to the bathroom?

Mr. Holden [defense counsel]: I believe that's the ...


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