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People v. Toner

OPINION FILED DECEMBER 9, 1977.

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

v.

JOHN TONER, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES MURRAY, Judge, presiding.

MR. PRESIDING JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT:

After a bench trial, defendant, who was indicted on three counts of perjury, was found guilty of count III but not guilty of counts I and II and was sentenced to one year conditional discharge with a $500 fine. On appeal, he presents the following issues for review: (1) whether the indictment charged an offense; and (2) whether guilt was proved beyond a reasonable doubt.

He was a Chicago police officer in a special unit assigned to major sporting events and shows. Under a grant of immunity, he was called before the grand jury and was questioned regarding the operations of this unit. Although he was examined concerning the selective enforcement of city ordinances in and around a number of sports stadiums and the receipt of money from motorists, stadium officials, scalpers, vendors, bus drivers, and local businessmen, the recurrent thrust of the inquiry was whether he directly or indirectly received money from parking lot owners whose operations were located near the sports stadiums.

The indictment charged that:

"JOHN C. TONER while testifying under oath before the duly impaneled extended March, 1974 Grand Jury of Cook County, Illinois, a proceeding in which by law such oath is required, made a false statement, material to the issue in question, which statement said JOHN C. TONER did not believe to be true and which said JOHN C. TONER did not admit to be false before the duly impaneled extended March, 1974 Grand Jury of Cook County, Illinois, in violation of Chapter 38, Section 32-2 of the 1973 Illinois Revised Statutes, (to-wit: said JOHN C. TONER gave the following answers to the following questions, knowing said answers to be false regarding money received from parking lot owners:

Q. Do you know what the location of the lot is of 1900 Madison?

A. There was a number of them along the street there, sir.

Q. It would be on the corner of, the north west corner of Madison and Wolcott?

A. Yes sir, I know them.

Q. Did you ever ask the owner of that lot for money?

A. No.

Q. Did you ever take any money from the owner of that lot?

A. No, sir.

Q. Did you ever take any money from an attendant ...


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